How to File for Divorce in North Carolina When Spouse Cannot Be Located

How to File for Divorce in North Carolina When Spouse Cannot Be Located

Filing for divorce in North Carolina can be an intricate process, especially when one spouse cannot be located. Understanding the steps involved can help navigate this challenging situation effectively. Below is a comprehensive guide on how to proceed with filing for divorce under such circumstances.

1. Understand the Grounds for Divorce

North Carolina allows for a no-fault divorce based on a one-year separation. If your spouse cannot be located, you can still file for divorce based on this ground, provided you have lived separately for at least a year.

2. Gather Necessary Documentation

Before filing, collect essential documents, including:

  • Your marriage certificate
  • Your separation agreement (if applicable)
  • Evidence of your spouse’s whereabouts (if available)

3. Filing for Divorce

To initiate the divorce process, you need to file a complaint in the appropriate county court. Here’s how:

  • Visit your local courthouse or the North Carolina Judicial Branch website to obtain the necessary forms.
  • Complete the complaint form, detailing that you cannot locate your spouse.
  • File the complaint along with the required fees, which can vary by county.

4. Service of Process

Normally, your spouse must be served with divorce papers, but when they cannot be located, alternative methods are available:

  • Service by Publication: If you have done due diligence in trying to find your spouse (e.g., checking their last known address, contacting mutual acquaintances), you may be allowed to serve them by publication. This involves publishing a notice of the divorce in a local newspaper for a specified period, usually four consecutive weeks.
  • Affidavit of Due Diligence: You may need to submit an affidavit proving you have made reasonable attempts to locate your spouse.

5. Attend the Court Hearing

After the service of process is complete, a court date will be set. During the hearing:

  • Be prepared to present evidence about your attempts to locate your spouse.
  • Demonstrate that all procedural requirements have been met, including the necessary time for publication.

6. Obtain the Divorce Judgment

If the court is satisfied with your evidence and the process followed, you will receive a divorce judgment. Ensure to obtain a certified copy for your records.

7. Post-Divorce Considerations

After your divorce is finalized, consider addressing any outstanding issues, such as:

  • Child custody and support arrangements (if applicable)
  • Division of property and debt

If your spouse is still missing after the divorce, it may be wise to consult a family law attorney for guidance on handling potential ongoing issues.

Conclusion

Filing for divorce when your spouse cannot be located in North Carolina can be complex but is wholly manageable with the right information and support. By following these steps, you can find a path toward a new chapter in your life.