On the run

I left drug addiction husband who threatened to kill me. I have a restraining order and currently full custody due to the order.
He is on the run from the law as he is facing prison time and he has jumped bond.
I want to file separation but can’t find him, we haven’t lived together since June 22 2020.
I want to get a piece of property for a mobile home but I don’t want him to be entitled to it.
What can I do a far as a separation and making sure he has no entitlement.
Also how can I go about getting his parental rights revoked, I don’t want anything to do with him and I know he won’t pay child support, he has also tried to take our son 2x

There is nothing to file for a separation however, you can file in court for equitable distribution (for division of marital property) and you can file for absolute divorce after separation for one year. You would need to do due diligence to locate him if you are going to file in court for equitable distribution - this means conducting as many searches as you can to locate him. If you can’t, then you can serve him by publication, but there is a specific process to follow.

The only way you can buy real property while still legally married is for him to sign a free trader agreement which allows only your name on the deed while he would waive any interest, right, claim, etc. whatsoever in the property.

To have his parental rights terminated, he will have had to willfully failed to pay child support and/or willfully abandoned the children for a specific period of time, which has not been long enough since 6/22/2020.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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