What if

Dear jdrocks:

Yes, you can still file for divorce. In the scenario you describe, you will have to attempt service at her last known address, make a reasonable effort to determine her whereabouts, and then you can serve her by publication in a newspaper in the jurisdiction where she last resided. You may want to retain an attorney for this process, as it may be complicated and procedural tricky. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

after a year goes by (I’m legally seperated) and I file for divorce only to discover that I can’t get in touch or know the where abouts of my wife? There will be no know way to “serve” her with the papers. Can I still file for divorce?