I have been separated from my husband almost a year (separation date Dec. 8 2018). My husband was the one who requested the separation (plaintiff) and I am de defendant. In February, I moved oversees but my husband is still living in North Carolina.
I would like to start processing the divorce. Can I be de one who starts filing for an “absolute Divorce” in North Carolina, eventhough I live oversees? Would this be possible without coming physically to North Carolina and show up for court? Or does the plaintiff always have to show up physically to court?
Additionally, if my husband is nice enough to request the divorce, then I will be the defendant. Do I have to come physically to court if I am de defendant?
Yes, you can still file a complaint for absolute divorce and initiate the divorce proceedings as long as one of the parties is a resident of the State of NC and has been for the last 6 months. You can mail in your filings but note that NC does not accept electronic filings. Unless you are able to obtain a divorce by clerk, then you will be required to be present a the court date.
If your husband is the one that files the complaint for absolute divorce, you do not need to be at the court date unless you are contesting the absolute divorce.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you! My husband still lives in North Carolina (Charlotte). What does it mean: ‘obtain a divorce by clerk’ ?
I am currently living oversees, as such I would prefer to not have to come to NC court physically. It doesn’t seem that my husband is going to file any paperwork so I am looking for ways to process the paperwork without actually going back to the United States.
An absolute divorce can be granted by the clerk if the complaint is properly served on the defendant in lieu of going to court however, many counties’ clerk’s offices will not handle an absolute divorce by a clerk if the defendant has filed an answer or any other document in the case.
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.