Power Of Attorney Over Spouse


#1

3.) How would I find out if spouse ever filed for a divorce in another state (don’t know what state) and got a divorce? Would something be filed back to the state we originally were married in? I am curious since he is no where to be found, he may have already filed for a divorce from me and would indeed be sneaky about it - like using a false address to try to serve me. Is there a way to find out if someone divorced you somewhere? That would definitely solve my issue altogether of trying to do it myself against an absent spouse.


#2

Dear parenting:

Thank you for wishing us in your county - is it a county I would like to live in? [8D] We can assist you with your problem, as we can file for this divorce in Wake County on your behalf as long as you are a citizen of North Carolina.

My answers:

  1. No

  2. You must send the papers by Sheriff and certified mail to his last known address, do a search on the internet, call all his family and friends and then serve him by publication in a newspaper in his last known location.

  3. There is no way to do this without knowing exactly which county and state he filed in. I doubt he filed if you have not received anything. He sounds like a deadbeat, and filing would take more energy than I would expect from him.

Let us know if we can help. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.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.


#3

Years ago my spouse got a Power of Attorney paper done - general purpose one, in order for me to use his income for a loan we were getting (he had bad credit, I had good credit but needed to use his income - so he got a POA done in NC).

Anyways, he abandoned me and our children (one child born before marriage, one child born in marriage) almost 4 years ago and is no where to be found. Even his parents have moved to another state and no where to be found.

We separated many times durin the course of our marriage and had went through custody battles as well (prior to the 4 years he’s been no where to be found). I have full custody over our children from a New York court. But have lived in NC (with spouse for approx 2 yrs. of that time) for 6 years now. When living with spouse for those 2 yrs. it was on a roomate basis and was not as a married couple.

My question is of two things:

1.) The POA was done in NC. Can I use it to sign divorce papers on behalf of my spouse for myself to get a divorce?

2.) If not, how do you send papers (via mail or sheriff) to someone when you do not have an address. Can I just post a notice in the newspaper or do I absolutely have to have an address to send through cert mail or sheriff first? Even the address we shared together is no longer available since it’s an empty lot now with no home and no forwarding mail for my spouse.

Your answer is much appreciated. (wish you were in my county as well)

Sincerely,
CC