Affidavit of Service Form

North Carolina Divorce Law Divorce and Separation Answers
1

OK my soon to be ex FINALLY picked up the certified papers from the post office- I now have the affadavit of service form that will be notorized and I will attach the green card to this form and file at court house.

2 questions:

  1. do I now need to mail her a copy of this affidavit? OR any other form that lets her know the court knows she received the papers and now has 30 days?
  2. when she signed the card she did not include the date she picked up the papers- is this date needed or is the green card enough? I know that she picked them up on Saturday because I called the post office BUT the green card does not state the date. On the Judgement for Absolute Divorce form there is a sentence that states: That the defendant was properly served with a copy of the complaint and civil summons on _________ (month, day, year) as required by Rule 4 of the NC Rules of Civil Procedure as follows: Certified Mail, return receipt requested (affidavit in court files)- Can I fill in the date myself on the green card? You would think the post office would require her to not only sign her name but print her name and fill in the date received but they only had her sign her signature- is this OK?
2

Any court documents after the Complaint is served may be sent via regular U.S. Mail tot the address through which service was made. It is considered served when you place it in the mail.

You may use the tracking number on the green card to obtain the date of service, and include a print out of the screen shot from the USPS website.

3

so is it 30 days from the date of service (that she actually picked up the papers) that I can call the court house and get on the calendar for a hearing?

4

That’s correct.