I received a Divorce Summon sent by a Sheriff on 4/6. Do I need to sign in front of a Notary Public? If there is no need for that, can I efile my answer? If so, where do I go to efile it?
Thank you.
If you are the Defendant in an absolute divorce action, there is nothing you need to sign. You were properly served by a sheriff’s deputy.
You have 30 days from the date you were served to file your answer. Or, if you file no answer, the judge will likely grant the absolute divorce on the date that the Plaintiff calendars it for hearing.
You can e-file here: eFile NC - Landing Page
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
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you very much, Anna. Does the court forward a copy of my answers to the plaintiff’s attorney or is there a way for me to print out?
If you e-file, you will be able to serve a copy of your answer directly to the opposing counsel.
If you file a hard copy, then you will need to mail a hard copy to the opposing counsel.
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
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you so much, Anna
Anna, I read Rosen Law Step by Step Divorce Packet. In responding to Complaints, the last part is Acceptance of Servuce in the Sample Answer sheet. When served by a Sheriff, do I just omit this part ?Thanks.
If you were served with the civil summons and complaint by sheriff’s deputy, then you do not need to also sign and file an acceptance of service.
The service by sheriff’s deputy was proper service, so an acceptance of service would be duplicative and is unnecessary in that instance.
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
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you very much, Anna. I saw online that counterclaims is signed and dated as follows 
Respectfully submitted,
Signature :
Date:
Is that necessary ? Thanks
All court filings must be dated and signed. Counterclaims must have your notarized signature.
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
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.