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If a person files for divorce in North Carolina and cannot serve the other spouse with the divorce papers what would be the status of the divorce?
Wiki User
∙ 13y ago
You would have to file a Missing Spouse Divorce. This is usually when a service by publication is in order. If after a certain amount of time (based on the state) the spouse does not respond then you are able to go to the court and show that you have tried to find your spouse with no luck.
Wiki User
∙ 13y ago
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Is there a statute of limitation on divorce my husband has remarried and i never rec'd divorce papers or divorce petition?
If you cannot be found or if you refuse to respond to a petition for divorce, that cannot prevent your spouse from obtaining a divorce. The important signature on a divorce decree is that of the judge. You should contact the court where the divorce was obtained and order a copy of the divorce decree. If you go in person, you can request to see the file and review the contents.
My husband and I live separately. Can I file a petition for divorce by myself?
United StatesYou can petition for divorce but you cannot do it in secret. The court will order that your husband be served with the notice of your filing. If he cannot be found the notice will need to be published in a local newspaper. If he doesn't respond the divorce can proceed. A person who refuses to respond to or sign divorce papers cannot prevent the other party from obtaining the divorce.
When serving divorce paper for someone to you have to say anything to that person you are serving?
Yes. You must ascertain that the person named in the papers is in fact the person who receives the papers. No good handing papers to a person not involved.
Can you marry without divorce papers?
Do you mean can you get married if you're still married to another person? No. At least not in the US.
How do you divorce an inmate in North Carolina?
You must first file for divorce, then the papers have to be served to the inmate. If you use the sheriff or a professional to serve the papers, or if you serve them yourself, they must first go to a prison official. If your divorce involves any court appearances, your spouse will have to participate either by phone or through his attorney. The court is likely to reserve child support while the person is in prison, putting the inmate under no obligation while they are incarcerated.
How many days after being served divorce papers is the divorce granted by default?
After you have done every possible effort to try to summon your spouse with the divorce papers and after this person have receive the papers on his hands and you have a receipt that proves that he was serve on jail or prison, he or she has 21 days to respond to your divorce petition. After this time has passes then you can request a court day on which you can ask the judge to please give you a divorce by default. But remember you have to make sure he was serve.
Can a person be divorced without receiving divorce papers?
Technically yes. By this I mean that if there is a situation in which one spouse cannot be found (and the other spouse attempted to locate the spouse) then the court will proceed with the divorce without that spouse and enter a default divorce. However, if you were never served the paper work to put you on alert that you were getting a divorce then you do have the option, within a certain amount of time, to contest the entry of the default divorce. Although you cannot necessarily reverse a divorce you are given an opportunity to argue your side.
Can a person marry again if he is legally separated?
No. A person cannot marry again until they have obtained a divorce.No. A person cannot marry again until they have obtained a divorce.No. A person cannot marry again until they have obtained a divorce.No. A person cannot marry again until they have obtained a divorce.
What if you are unable to find the other person so you can get a divorce?
can i file a divorce, and then submit a notice in the newspapers? You or your lawyer would have to submit a legal notice in the newspaper and give your spouse i think 30 days to respond.
Wife has filed for divorce but you have received no papers do the paers need to be served to me in person by a process server or can wife serve papers by registered mail?
see link below
Can you date after your divorce papers have been filed in Florida?
No, you are not supposed to. People do it allof the time though. YOu do, however, have to tell the person you are dating that you are married until the divorce is final.
Is it hard to get a divorce from a spouse who is incarcerated?
it's usually not very hard. depending on when the person is getting out. but, as with normal divorces, sometimes the spouse refuses to sign the divorce papers.
