Don't confuse The Divorce Clinic with Internet Paper ProvidersWe give you the legal papers for freeIf for any reason you choose not to use The Divorce Clinic, you owe nothing
If you do not know your spouse's location, you can still get a divorce.
But it is not as cheap or as fast as an uncontested divorce, where you and your spouse cooperate in getting the divorce.
In North Carolina, a divorce is basically a lawsuit.
And every lawsuit requires service on the defendant.
I can obtain that service in several different ways. The best and easiest
method is for your spouse to sign and notarize a document I prepare,
stating that they accept service. This is the most common form of divorce
that I handle.
They can also sign for a certified mailing that includes notice of the
lawsuit. There is an additional charge for this method.
If they won't sign anything, I can send the notice of the lawsuit to
a North Carolina Sheriff, and his deputies can personally serve it on
them. However, to do that, you need to know their location. Even if
I do know their location, sometimes the defendant can evade the service
by the deputies. Additionally, there is an extra charge for this as
well.
If I don't know their location or if they evade the sheriff's service,
I can effect service by placing an ad in the newspaper and running it
for three consecutive weeks. After that, I write an affidavit to the
judge justifying my use of that publication. Note that in that affidavit,
I must demonstrate that I attempted to locate the defendant but was
unable to do so. Those attempts must be thorough, and I use both an
outside service and in-house methods to find the defendant.
All these requirements increase the time and cost of the divorce, which
includes the cost of publication, in addition to the fee for the uncontested
divorce. Please note that if we locate your spouse, we can attempt the
less expensive methods of service. If that succeeds, you will then be
eligible for a partial refund. However, if we pay for the Sheriff's
service and it fails, we will need to be reimbursed for that cost before
proceeding with the publication.
We recommend that if you do not know your spouse's exact location, meaning
you know the city but lack an address, you should not proceed directly
to publication. Our external service can often locate them, so we suggest
trying that option first and then determining if they will accept the
service, thereby avoiding additional costs. If they refuse, you can
then choose whether to try certified mail or Sheriff's service before
proceeding with publication.
Raymond Burke, Chip Walker, and Katrina Walker are here to help you and based upon your unique circumstances, we can advise you on your least expensive option to find your spouse - Call us at 704-333-8808.
If you are confident that we will not locate your spouse and wish to
begin the publication process, please click
here:
Start Your Divorce Today by Completing a Simple Form
Contact Information
The Divorce Clinic John Walker Attorney Raymond Burke Attorney
The law office is physically located at 612 Business Park Dr., Suite B
Eden, NC 27288
The Divorce Clinic can do your Separation Agreement & Simple No Contest
Divorce for all North Carolina cities, towns & counties.
You can start your divorce by contacting us directly at 704-333-8808 or visit
our easy email form here.
