Getting rid of him

[Mz.Patrina22]

What is the name of your state? NC

I was married in September 2003 in ky. i was seperated officially in february 2005, back dated to october 2004 in nc. During that tim eframe i was in school for 5 months. I want to divorce my husband with no hassle from him. I dont know exactly were he is or how to contact him. How do i go about getting a divorce, and what kind do i need?

[Ohiogal]

Originally Posted by Mz.Patrina22

What is the name of your state? NC

I was married in September 2003 in ky. i was seperated officially in february 2005, back dated to october 2004 in nc. During that tim eframe i was in school for 5 months. I want to divorce my husband with no hassle from him. I dont know exactly were he is or how to contact him. How do i go about getting a divorce, and what kind do i need?

Why was your separation back dated to October 2004?
You need to be able to serve your husband either by posting or publication if NOT personal service. And before you do posting or publication you will have to prove to the court that you have tried to locate him through all available means. You dont' get to just divorce him without him saying anything.

[Mz.Patrina22]

My seperation was back dated to the last day we were in the same house together, and it took him along time to sign the papers. I am in the army and had the legal office draw up papers so it had to be an agreed upon seperation order to get it notarized. How do i show proof tat i have been trying to get in contact with him?

[Golfball]

In NC, the date of separation is the date of last marital cohabitation (and the addresses must be different), rather than the date any papers are signed, so NC's date of separation could be different from other states. (For example, if KY requires papers be signed or filed before the parties can be considered separated, KY and NC would have different dates of separation.)

And whether your husband can offer any hassle would be up to your husband, and what marital property you have, whether alimony/postsep support/separate maintenance can be claimed, whether he's already filed for divorce, etc.

You'll need to check with the local county court system (preferably an attorney in that county) on what you need to do to file, attempt to serve the papers upon him, and then get the divorce.

[Mz.Patrina22]

We had different address while the papers were being drawn, it was just getting him to sign the papers that took so long. The address on the seperation he no longer stays at beacuase thelease as in my name and i wouldn't renew them, so he had to leave since it was a military setup , and they wouldnt allow him to renew by himself. We have no joint property, no children, no joint anything, i actually never took the time when we started to combine anything and when i started to he "started acting up" We havent been together since 2004, and I know if i send papers to the NC address he is not there so it would be a waste of time so what else can i do to help the process go a little faster and smoother? Would this be a uncontested or contested divorce?

[LdiJ]

Originally Posted by Mz.Patrina22

We had different address while the papers were being drawn, it was just getting him to sign the papers that took so long. The address on the seperation he no longer stays at beacuase thelease as in my name and i wouldn't renew them, so he had to leave since it was a military setup , and they wouldnt allow him to renew by himself. We have no joint property, no children, no joint anything, i actually never took the time when we started to combine anything and when i started to he "started acting up" We havent been together since 2004, and I know if i send papers to the NC address he is not there so it would be a waste of time so what else can i do to help the process go a little faster and smoother? Would this be a uncontested or contested divorce?

I really think that you need an attorney. You may end up having to serve him by publication and that can be tricky without the help of an attorney.

[Mz.Patrina22]

What does serve him with publication mean? Would it be possibility of me having to pay alimony to him? I am in the army and he isnt anymore he was kicked out because of drugs, he was receiving disability but i dont know if he is anymore, he is able to work, he just didnt after he was put out. When we hot married he was in the army and then i decided to go in and we just havent been together ever since i decided to be in the military.

[LdiJ]

Originally Posted by Mz.Patrina22

What does serve him with publication mean? Would it be possibility of me having to pay alimony to him? I am in the army and he isnt anymore he was kicked out because of drugs, he was receiving disability but i dont know if he is anymore, he is able to work, he just didnt after he was put out. When we hot married he was in the army and then i decided to go in and we just havent been together ever since i decided to be in the military.

Your marriage was very short term, therefore alimony is incredibly unlikely. Serving him by publication means placing an ad in a paper in the last known area where he lived. However there are very special and specific rules to this, which is why you really need an attorney.