NC/PA Divorce Question


#1

I have lived in NC since 2008. I have been separated from my husband since 2007. That, 2007, was the last time we shared a home, had any physical contact, or anything. In 2011/2012 I heard from him through a friend who was incarcerated and my husband happened to be in the same prison. Since he was still in PA, I asked him to file for the divorce when he was released from prison since they had the indigent divorce program there and he had my address, which was the first time being in contact since 2007. He did not file for the divorce, I still want the divorce, I do not know where he is or how to contact him. What can I do to obtain my divorce? Is there something here in NC remotely like the indigent divorce program in PA?


#2

I’m not familiar with the PA program, but it appears as though it is a program by which indigents can obtain an absolute divorce with the help of an attorney for free. We do not have the same program in NC, but you can certainly contact Legal Aid, or you can move forward by representing yourself in your absolute divorce. If NC has jurisdiction to enter a divorce judgement on your behalf, you can use our DIY Divorce eBook which walks you through the entire process. If you qualify as indigent your filing fees will be waived.


#3

I have lived in NC since July 2008. I will assume that means that NC would have divorce jurisdiction if I am the person filing for the divorce. Am I correct in that assumption? How would I go about representing myself? Would that be a cheaper route than having an attorney since the information would not change as far as his contact information? There has not been any contact since he was incarcerated and I do not know where he nor his family are located today.


#4

To learn about the jurisdictional requirements in NC, check out our article Divorce: The Details. Be advised, however, you will need to make reasonable efforts to locate him because you need to serve him with the divorce complaint. The eBook I linked to earlier explains how service works.