Possibly leaving the country before divorce


#1

Dear iamme04:

Greetings. First, of course you can have the papers prepared and filed after the one year of separation. Now, if you are asking if you can file prior to the one year of separation, the answer is no. No,a power of attorney also will not work to allow you to accept service for him. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

so if we go ahead and have all the paperwork done now…
i can file them after the one year and get the divorce
even though he wouldn’t be in the country ?


#3

Dear iamme04:

Well, I finally understand what you mean. The answer is no, you cannot prepare the paperwork now because you have to file a complaint that is verified (meaning that your signature with a notary) stating that you were separated for one year. You can type up the complaint, but you cannot verify it until after the one year passes. Nor can you have your spouse sign an acceptance of this divorce (with a notary) any time before you file the complaint and before the one year of separation. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

my husband and i are seperated and he has recently
had a dwi accident. he is from belgium and i am afraid
he may leave the country before we can divorce. is there
any way to have the papers prepared and filed after the one
year is up or can he sign a power of attorney so i can sign
for him ?