Serving info

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Jocie,

Although possible, if he served you by publication, it is unlikely that he has gotten a divorce judgment without you being served. You should check with the clerk of court in his county as well as yours to be sure.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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

To make a long story short… I’ve recently filed for divorce and am waiting for court date to be set.
STBX whom I’ve had little to no contact with in over a year is apparently under the impression (per what he has been telling mutual friends) that we are already divorced. (Date of seperation: 02/20/02)

Is it possible that he could have filed for divorce without my ever being legally served or notified? Through the whole seperation period we’ve lived no more than 40 some miles apart, both in North Carolina.

He’s known where I have been living and working throughout the entire seperation period, but I can not say the same about knowing his whereabouts. While I don’t check the local papers every day, I have neither seen a public announcement in the newspapers nor has anyone I know advised me that they have seen such a posting either.

In June of last year, he told me that his attorney supposedly drew up seperation papers which I never received.