Acceptance of service?

1

Hi There,

My question is: does the below means I have to show up physically in court when I sign this (I am the defendant)? I ask this because I currently live in Europe, as such it will be inconvenient for me to have to go back to the US and testify in court that I want a divorce. I always that that it should be the ’ Plaintiff’ that has to testify in court.

Thank you for your help in advance!

"DEFENDANT’S ACCEPTANCE OF SERVICE OF PROCESS AND GENERAL APPEARANCE

I, xxx, defendant named in the above-entitled civil action, do hereby
accept service of summons and complaint in this action and hereby admit the service of the
summons and complaint has been made upon me in the above-entitled civil action; I hereby
admit and acknowledge that a copy of the summons and complaint in the above-entitled civil
action was personally delivered to and received by me; I hereby waive further service of the
summons and complaint upon me by the Sheriff or other lawful process officer in accordance
with the provisions of G.S. 1A-1, Rule 4(j) of the North Carolina Rules of Civil Procedure; and I
hereby make a general appearance in the above-entitled civil action and expressly submit myself
to the personal jurisdiction of the General Court of Justice, District Court Division of
Mecklenburg County, North Carolina, for any and all purposes of this action.

I, xxx, being first duly sworn, depose and says that he/she is the
Defendant in this matter, that he/she has read and understood the Defendant’s Acceptance of
Service and General Appearance and knows the contents to be true of his/her own personal
knowledge, except for those matters and things set forth upon information and belief, and as to
those matters and things, he/she believes them to be true. "

2

Signing this Acceptance of Service means you are acknowledging that you have been properly served with a court complaint and that you are waiving service by sheriff’s deputy, certified mail, etc. It is not obligating you to appear in court.

If the court complaint is for absolute divorce only, then if you do not show up at the court date, the judge will grant the plaintiff’s request for an absolute divorce assuming you have been properly served and the plaintiff has met all the requirements for absolute divorce.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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