Divorce in NC without my knowlege

[notoversteppin]

I saw your link and there are many out there that aren't accurate. Fault divorce was abolished in this state. I posted Divorce from Bed and Board because that is what the grounds are in your link.

Fault:
A spouse must commit one of the following acts: (1) Abandons his or her family. (2) Maliciously turns the other out of doors. (3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies (4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome. (5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome. (6) Commits adultery. (North Carolina Statutes - Chapter 50 - Sections: 50-5.1 and 50-6)

 

[mistoffolees]

It is possible that the law has been changed - and that numerous sites are outdated - OP needs to consult with an NC attorney to verify the current law.

If it is true that the law has been changed to require a 1 year separation (other than grounds of insanity), then one of the following must be true:

1. He filed for divorce many months before he told her he was going to file.
2. He filed for divorce on grounds of insanity and somehow created fraudulent evidence of service.
3. He filed for divorce on grounds of insanity and served by publication.
4. He filed for divorce on no-fault grounds after March of last year and is now guilty of bigamy if he has remarried.
5. He filed for divorce on no-fault grounds after March of last year and is living with this woman rather than married to her - and is 'only' guilty of adultery.

Once OP gets the divorce papers, she will know which of the above is true and needs to speak with an attorney.

Speaking with an attorney may not do her any good, however. The divorce will probably not be voided. It MAY be possible to open up the property settlement, however. Just consider whether it's worth the time and expense.

 

[Golfball]

It is possible that the law has been changed - and that numerous sites are outdated - OP needs to consult with an NC attorney to verify the current law.

The relevant laws regarding absolute divorce (as per the NCGA website) haven't changed since 1987, so no, the sites are not outdated. Especially since at least one of the sites is run by the NC Bar Association...

 

[Blue_sky]

Folks,


The divorce petition or summons never arrived in my country because he sent it to a US address and someone at that address signed for receiving it.

So that is how he was able to get the divorce without me receiving any notice. That cannot be legal. The court system has made it quite easy for people to lie and get away with dishonesty.

We were supposed to be separated for a year, so as a judge i would be suspect if a someone claims the marriage broke down a month after the wedding.

I guess my ex husband also lied about the dates of separation because the marriage only broke down in May

 

[LdiJ]

Folks,


The divorce petition or summons never arrived in my country because he sent it to a US address and someone at that address signed for receiving it.

So that is how he was able to get the divorce without me receiving any notice. That cannot be legal. The court system has made it quite easy for people to lie and get away with dishonesty.

We were supposed to be separated for a year, so as a judge i would be suspect if a someone claims the marriage broke down a month after the wedding.

I guess my ex husband also lied about the dates of separation because the marriage only broke down in May

Nevertheless, you ARE divorced, and judges don't undo divorces even if they were fraudulently obtained. Now, a judge could and would reopen a property settlement, if there were property settlement issues, or would reopen child custody if there were child custody issues etc.

However you were not married long enough for there to be any significant property settlement issues, and you haven't mentioned any children, so I am a bit uncertain as to what you would hope to accomplish by challenging the divorce.

 

[mistoffolees]

Folks,


The divorce petition or summons never arrived in my country because he sent it to a US address and someone at that address signed for receiving it.

So that is how he was able to get the divorce without me receiving any notice. That cannot be legal. The court system has made it quite easy for people to lie and get away with dishonesty.

We were supposed to be separated for a year, so as a judge i would be suspect if a someone claims the marriage broke down a month after the wedding.

I guess my ex husband also lied about the dates of separation because the marriage only broke down in May

No, it's not legal, but that doesn't mean that the court will 'un-divorce' you.

If someone else signed for your divorce papers, you can file a complaint for identify theft. If your ex-husband lied about our date of separation, you can notify the district attorney about perjury.

Now, the odds are that nothing would happen in the end in either case, so your best bet is probably to go on with your life. If there were property or custody issues which were improperly handled because of the fraud, you can ask for those issues to be reopened, but you're not going to get the divorce rescinded.

 

[Blue_sky]

Hi Folks,

His mother finally received the divorce papers.

He indicated that we were married for 1 weeks and separated permanently after than.

He also put my address as Briar Creek, Wake county.

All this information is listed on the divorce.

My question to you all is would this have any legal implications for me later on.


I never lived at such address. As i indicated i have to re-apply for my US visa this year. Would this information hinder me from getting a Visa to travel.

I really need some advise on this because i don't want this to be a problem later on.

I don't really care about the fact that he lied. Ijust want to make sure I am not affected in anyway by his lies.

 

[Blue_sky]

The thing about it I was not even present in the US since May 2009.

 

[Proserpina]

The thing about it I was not even present in the US since May 2009.

Where were you, and for what reason?

(yes, it may matter)

 

[LdiJ]

Where were you, and for what reason?

(yes, it may matter)

According to her earlier posts, she was living in Canada, going to school, and then returned to her home country.

 

[mistoffolees]

Hi Folks,

His mother finally received the divorce papers.

He indicated that we were married for 1 weeks and separated permanently after than.

He also put my address as Briar Creek, Wake county.

All this information is listed on the divorce.

My question to you all is would this have any legal implications for me later on.


I never lived at such address. As i indicated i have to re-apply for my US visa this year. Would this information hinder me from getting a Visa to travel.

I really need some advise on this because i don't want this to be a problem later on.

I don't really care about the fact that he lied. Ijust want to make sure I am not affected in anyway by his lies.

Your biggest concern is probably the immigration / visa issues. I would suggest that you post on the immigration forum to see how that affects you. You'll have to provide more details there like where you are living, what your citizenship is, and so on.

 

[notoversteppin]

He indicated that we were married for 1 weeks and separated permanently after than.

He also put my address as Briar Creek, Wake county.

What is the exact date of the marriage on the paperwork and what is the exact date of separation?

Brier Creek is a shopping center and country club area not an actual town/city which is interesting. Are the papers actually from Wake County or is that just what he put down for your address?