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Divorce in NC without my knowlege

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Blue_sky

Junior Member
I am a non US resident who got married to a US greencard holder in Sept 2008. We made plans to return to our home country as at sept 2009 as i was returning from canada where i was studying. I travelled to NC 5 times to be with him since Sept 2008 to May 2009.

On my last visit in May i was told that he wants a divorce no explanation

I have since return to my home country broken waiting for divorce papers which never came.


Last sat by accident i found a website with a bridal registry with his name and his son's mother's name. Apparently they got married on Dec19th. Unknown to his family. His family was shocked and when asked about it. He continually lied about it until they revealed the website.


My question is how can he divorce and remarry in 7 1/2mths. When we have not been separated for a year and i have not received any documents informing me of divorce proceeding. I was not even given the option to have a say.

We were married in NC and he got married in PA.


What can i do to get my legal documents and status sorted out. Can this affect me in any way in the future given that i have not signed for receiving paper. I need to ensure this has no longterm ramification as i have a professional career to protect. I don't know if he has commited bigamy or forged documents. I have to reapply for my US Visa June 2010 and i don't want any problems


Thanks
 


Ohiogal

Queen Bee
Where has he been living for the last seven months? Did you ask him about the divorce? You could report him for bigamy and state that to your knowledge you are still married as you have not received any divorce paperwork.
 

Blue_sky

Junior Member
I have tried calling him and he is not answering his phone. His mother spoke to him and he has sent the divorce document to her in the mail


I live in Trinidad an island in the caribbean.

I am considering writing the NC court about it.
 

Ohiogal

Queen Bee
The PA court is the one you need to notify about his current (illegal) marriage.
His marriage may not be illegal. He is sending the divorce papers to his mother per OP so therefore OP needs to contact her ex mother in law and find out about the divorce.
 

mistoffolees

Senior Member
His marriage may not be illegal. He is sending the divorce papers to his mother per OP so therefore OP needs to contact her ex mother in law and find out about the divorce.
It does sound a little fishy. If OP never received any notification, he would have had to get a divorce by publication. It's possible to do that in 7 months, but not easy.
 

Blue_sky

Junior Member
But the thing is we got married in Sept 2008. Sept 2009 would have made it a year we would have been married. which means that we would not have been separated for a year yet as the marriage only broke down in May.

If he did publication, he did it somewhere else. Not in Trinidad and the thing is that i have lived at my current address all my life and he knows how to contact me.

So he would have lied to the court about not knowing my where abouts.


It is the final divorce document he is sending his mother. His mother had to ask him for it and make threats in order for him to send it as he refused to answer or reply to my calls.
 
NC requires a year and a day separation to file for divorce. If you got married in NC and divorced in NC then when he went to file the papers for a divorce the clerk would have easily caught that. If not the clerk, definately the judge. He would have been required to serve you. So either he didn't do the divorce in NC or he's not divorced from you at all.
 
10. What is a divorce from bed and board?
A divorce from bed and board is often a misunderstood term. A divorce from bed and board is a judicial separation granted by a court. It is not an absolute divorce and has certain limitations. A divorce from bed and board may be granted if either party:

Abandons the family;
Maliciously turns the other spouse out of doors;
Treats the other spouse in a cruel and barbarous manner; endangering his or her life;
Offers indignities to the person of the other spouse, rendering his or her condition intolerable and life burdensome;
Uses drugs or alcohol in excess; or
Commits adultery. (N.C. Gen. Stat. §50-7)
If the court finds that a spouse has committed one of these acts, the offending spouse may be ordered to leave the marital residence, although such relief is extraordinary. An order granting a divorce from bed and board terminates all automatic inheritance rights that exist by virtue of the marriage, however, remarriage is not permitted until an absolute divorce is granted.
Gailor, Wallis & Hunt Lawyers - FAQ

http://www.ncbar.org/media/2592932/divorceseparation.pdf
What are the Grounds for Divorce?
There are only two grounds for divorce: 1) Separation for
One Year; or 2) Incurable Insanity of One Spouse and
Separation for Three Years. The vast majority of marriages
are dissolved based on the ground of separation
for one year. In order to get divorced, you must
have been separated for one year and at least one
spouse must have had the intent to remain separate
and apart. In addition, one of you must have been a
resident of North Carolina for at least six months.
Fault is not necessary to obtain a divorce.

Divorce
Can I File for Divorce?
There are now only two grounds for divorce in North
Carolina. All fault grounds have been abolished.
1. Separation for One Year
If a husband and wife have separated with the intent of
ending their marital relationship and have lived separate
and apart for one year without resuming their marital
relationship, either may file for divorce, provided one of the
parties has been a resident of the state for at least six months.
Spouses living in the same house are not living separate and
apart. Whether there has been a resumption of the marital
relationship during the separation period will be determined
by all of the circumstances. Isolated incidents of
sexual intercourse during the separation period will not
be considered a resumption of the marital relationship.
2. Incurable Insanity
Where a husband and wife have lived separate and
apart for three years because of the incurable insanity of
one of them, the sane spouse may petition for divorce.
 

mistoffolees

Senior Member
Please see my above post with a link which provides more detail. There are more fault-based divorces than just insanity.

Divorce from Bed and Board is roughly the equivalent of legal separation, but is rarely used in NC. There was no reason to believe from the original post that they are talking about divorce from bed and board.
 

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