Hi! We’ve been living separately for a year with my husband because he has a job in North Carolina and I stayed in Virginia. At first I was thinking that he’s doing it’s all because of his family, we have a 4 y.o. daughter so extra money would be very useful. Later it’s became clear that he has no intention of coming back home and he probably found someone else from side. He doesn’t want to talk about it, we reached that point where he just send money every month and don’t pick up the phone anymore. On last week I’ve received petition for divorce from my husband, it was send by email using online service onlinedivorcer.com. That’s why I wanted to know what happens if I don’t sign the divorce papers? Can I ignore them just like he ignored me? It it legal if he uses services like that anyway?
If he filed for absolute divorce in NC, then service by email, even through this website, is not proper service of a court complaint and you can ignore the email. Proper service of a court complaint in NC is done by sheriff’s deputy, certified mail, UPS or FedEx package where the recipient has to sign for the package, or the recipient signs an acceptance of service form specifically acknowledging service.
Once properly served, there is nothing to sign or consent to. A judge will grant the absolute divorce as long as all requirements for the absolute divorce have been met.
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 very much for your help, Anna! I’m sorry, I should specify that he emailed me a copy via mail and send the original divorce papers by FedEx package. Divorce can’t be finalized without me, right? Even if i won’t sign papers, I still have to visit court?
If you received a FedEx package that you had to sign for when it was delivered to you, then you have been properly served with the absolute divorce complaint. Unless you are contesting one of the allegations in the complaint, there is nothing for you to consent to and a judge will grant the absolute divorce as long as your husband (the plaintiff) has met the 4 requirements for an absolute divorce.
You do not have to attend court unless you are contesting an allegation. And if you are, you should file an answer to the complaint within 30 days of being served.
The 4 requirements of absolute divorce in NC are:
(1) one of the parties is a resident of the State of NC and has been for the 6 months preceding the filing of the action;
(2) there was a valid marriage;
(3) the parties have lived continuously separate and apart for at least one year (without resuming the marital relationship); and
(4) at least one of the parties separated with the intent to remain permanently separate and apart.
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.