What if he disappears?


#1

Dear hopeful:

Greetings. Let me make sure I understand. Do you want to make sure that you can find him to get divorced, or do you need to resolve any of the issues of property distribution, alimony, etc?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

Actually both. He has yet to sign the separation papers which have the property settlement et al in them. Also, I want to make sure that I can find him to get a divorce. And what if I find him and he refuses to sign the divorce papers? Thanks again for your time.


#3

Dear hopefull:

Greetings. First, if you want him to sign a separation agreement, my advice is that you do so prior to him moving, or at the least retain an attorney to do so prior to him leaving.

Now, as far as the divorce, he never has to sign for the divorce. If you know where he lives, you can serve him a number of different ways, but the way where he does not need to sign is when he is served by the Sheriff. So, even if he moves and you can never find him again, an attorney can still help you get divorced without his signature, although it will take a little more time and money. My advice is just to stay in contact with him as best as possible. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#4

I am currently separated and my husband keeps talking about moving away. What if at the end of the year separation I can’t find him to get him to sign the divorce papers? How do I get the divorce? Thanks for your help!