Service of Divorce

I filed my divorce, attempted service by certified, return receipt mail. The envelope was returned to me with “Moved. No forwarding address.” What do I need to do to perfect service? The Clerk of court would not tell me anything. I don’t know where he’s moved to. I spoke to his son a few weeks ago and he didn’t know where he was either. How do I proceed?

I guess this question is one I need to PAY an attorney to answer. Thank you.

You must do due diligence to find where your husband moved. This would include searching online, asking friends/family members, etc. If you still cannot reasonably ascertain where he is living, then you can serve by publication. This is a legal “ad” in the newspaper in the area of his last known address.

The notice must run three consecutive weeks in the newspaper and then you must wait 40 days after the last notice to allow the defendant time to answer. If he still does not, then you can proceed with scheduling the absolute divorce.

Anna Ayscue

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

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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.