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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36611
Experience:  Attorney with 16 years experience
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I have a question regarding divorce from a marriage that was

Customer Question

I have a question regarding divorce from a marriage that was first established in North Carolina
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Well, one of the parties lives in the Wisconsin, the other I believe lives in Illinois but they are inaccessible and we are unaware of their whereabouts
JA: Has anything been filed or reported?
Customer: No, two times she has been reached to file for a no fault divorce, but both times she has disappeared when it came time to sign and file the divorce papers
JA: Anything else you want the lawyer to know before I connect you?
Customer: The parties have not lived together for over 10 years and haven't seen each other for about as long. We wanted to know if there's any way to maybe just dissolve the marriage since they have been living separately for over a decade
Submitted: 5 months ago.
Category: Family Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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We wanted to know if there's any way to maybe just dissolve the marriage since they have been living separately for over a decade

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Either party can file a divorce case in the state that they are in and then try to have the other party served with the summons. If they diligently try to get the other person served, by contacting family, friends, etc, and are unable to locate the spouse, then they can ask the court to allow "service by publication" where the one party puts an ad in the local paper once a week for 3-4 weeks typically, and then the court considers the other person served so that they can proceed on to grant the filing party a default divorce.

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So one party can't prevent a divorce from happening simply by disappearing and hiding from the other spouse..

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thanks

Barrister