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He left, it has been a year of separation, advice on divorce?

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Filed: Timeline

Hi all,

Long story short:

K-1 fiance moved here, we got married, had not filed to adjust status yet, he flipped and left. In North Carolina you have to wait a year after separation before you can file for divorce. It is time! Has anyone had any experience with notice by publication? Mail to Kosovo (where he is from) is spotty at best. Plus, I think he has to have the papers notarized if I send them via mail at a US Consulate and Kosovars have to go all the way to Macedonia to have them signed. In addition, I am not sure I can even send them via mail as you can in the US since he is abroad. Help!

Thank you!

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Filed: Timeline

You need to contact the county clerk where you live and are going to be filing for divorce and ask them what their specific procedures and requirements are for serving the other party when they reside out of the country. Each state/county has different requirements and someone sharing their individual experiences isnt going to be of much help.

Sometimes they will require you simply put a notification in the paper, other times they require you serve the other party a notice via certified mail (something with a tracking number like DHL or UPS)

So call the clerk- speak to an actual person and explain your spouse resides in another country and ask how they require you serve him.

That was the first thing I did... They consider that "legal advice" and won't give me info....

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Filed: Timeline

'Legal advice'? Seriously? Without knowing the exact conversation you had, I would suggest you try again, perhaps in person because there seems to have been a break down in communication the first time around or post the name of the county you live in in NC.

Somewhere online, in the divorce instructions, or the county clerk should be able to explain to you, the requirements for serving the other person. Its not a secret. While they can not advise you of 'whats the best way' (because that would be giving legal advice)they have to tell you what the requirements are. Somewhere they are posted or written in black and white. Either online or on a piece of paper the clerk can give you.

It would state the specific requirements the other person must be served by- publication or registered mail. Once you know the requirements, you can post them and others here can help you based on what they are. Because in your first post you mention both publication and registered mail.

So I would suggest going in and speaking to the clerk. Explain youre not looking for legal advice of any kind, you just need to know what is required on your end to get this done. Forget about what he needs to do. What do they require of you. You need to submit these forms and what? show that it was published in the newspaper? Show that he received a copy and signed it that he received it? Both?

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Filed: IR-1/CR-1 Visa Country: China
Timeline

i would think the 'notice of publication' stuff is only needed for your county - no need to post this in a newspaper in kosovo, really.

But, do find out from the clerk - it seems the person you got on the phone was waaaaaaaaay too snippy - so, go in person, or study your county website for the divorce procedures.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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