Hello. I’m dealing with a situation where a spouse is saying “she isn’t going to” divorce right now because she is trying to obtain her papers. The couple has been separated for almost 6 years now, if that even matters. So now she is saying that the only reason she won’t divorce is to obtain legal status. Is that legal to do? Is there anything we can do to act against that?
She also lives in another state. Is it possible to have the sherrif send the papers to be served by a sherrif where she lives?
If the wife does not want to get an absolute divorce for immigration reasons, then the husband can agree to hold off on filing for the absolute divorce, but he does not have to.
There are only 4 requirements for an absolute divorce in NC. An absolute divorce is granted if all 4 requirements are met: (1) the person filing has been a resident of the State of NC for at least the past 6 months, (2) there was a valid marriage, (3) the spouses have lived continuously separate and apart for at least 1 year, and (4) at least one of the spouses separated with the intent to remain separate and apart.
An absolute divorce complaint filed in NC can be served by a sheriff deputy in another state.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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