I have separated for over a year and I have asking my spouse to come get their belongings out of the house we live in and she refuses stating she has nowhere to store it or a way to come get it. I have been telling her to come get it for at least 6 months at this point. Am I able to get rid of it? Also she refuses to give me an address to send divorce papers too so how can I go about getting those served
It is best not to get rid of your wife’s belongings until after equitable distribution is fully resolved.
You may need to hire a private investigator to locate her in order to serve her with a court complaint for divorce and equitable distribution.
If you have done your due diligence and exhausted all reasonable efforts to locate her address and you’ve been unsuccessful, you are able to serve her by publication which is a legal ad in the newspaper.
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.