Divorce When a Spouse Is Missing
Filing for divorce is stressful enough, but it can be even more complicated if your spouse is missing or cannot be located. Fortunately, North Carolina law allows you to move forward with a divorce even if you cannot find your spouse, but you must follow specific steps.
At Martine Law, we help clients navigate these challenging situations while ensuring all legal requirements are met.
North Carolina’s Residency and Separation Requirements
To file for divorce in North Carolina, you must:
- Have lived in the state for at least six months before filing
- Be separated from your spouse for at least one year
These requirements still apply, even if your spouse’s location is unknown.
You Do Not Need Your Spouse’s Permission to Divorce
North Carolina is a no-fault divorce state, which means you don’t need your spouse’s consent to end the marriage. As long as you meet the residency and separation requirements, you can file for divorce even if your spouse refuses to cooperate or cannot be located.
This is important for spouses who are worried that a missing or uncooperative partner could prevent them from moving forward.
Steps to Take If You Cannot Locate Your Spouse
If you cannot find your spouse, you must prove to the court that you made a diligent search to locate them. This includes:
- Contacting relatives, friends, or former coworkers
- Checking their last known address and place of employment
- Searching social media or online databases
- Reviewing public records and directories
Once you’ve taken reasonable steps, you can request service by publication. Call Martine Law today.
Service by Publication in North Carolina
Service by publication is a legal process that allows you to notify your spouse about the divorce through a public notice. You must:
- Publish a notice in a newspaper in the county where your spouse was last known to live
- Run the notice once a week for three consecutive weeks
- File proof of publication with the court
If your spouse does not respond after proper publication, the court can move forward and grant your divorce.
Limitations of a Divorce by Publication
A divorce granted through service by publication allows you to legally end your marriage, but it has limitations:
- The court cannot divide property or debts unless your spouse is served personally
- The court cannot issue orders for alimony or child support without personal service
- Custody decisions may also be limited if your spouse cannot be located
If you later locate your spouse, you may need additional legal steps to address property or financial issues.
Why Legal Guidance Is Important
Divorces involving a missing spouse require careful attention to legal details. Any mistakes in service could delay your case. A knowledgeable North Carolina divorce attorney can help you gather evidence, follow all procedures, and ensure your divorce is finalized properly.
At Martine Law, we guide clients through these complex cases and make sure their rights are protected every step of the way.
Call Martine Law Today
You don’t have to stay stuck in your marriage if your spouse is missing. Contact Martine Law today for a confidential consultation. We’ll explain your options and help you move forward with confidence.