Delay between filing divorce papers and Service


#1

Is it OK if there is a delay of a couple of weeks or so from the time I file divorce papers with the court, to the time that I serve my spouse with the papers?

I understand that the 30 day clock to set a court date will not start until my spouse is served.

I only ask becuase it is convenient for me to get to the courthouse over the holidays, but I don’t necessarily want the papers served at Christmas.

Thanks.


#2

Also…I live in Wake…so is the office I need to file in found in the Wake County Justice Center or the Wake County Courthouse? The website is not clear (to me).

Thanks!


#3

Was kind of hoping to get an answer on this, as I need to file next week.

Any non-lawyers want to have a shot at the second question - which building do I need to go to file in Wake - Courthouse or Justice Center?


#4

I’m not familiar with your county but if I had to guess I’d try the courthouse first if that’s wrong then they can direct you where you need to be. Best of luck to you


#5

Also you can get an extension on the 30 days to get the other person served its called an endorsement. It is usually located on the bottom left hand side of the original summons. Here in Mecklenburg county they do it at the clerk of court office.


#6

I apologize for the delay in the response, each time you made a subsequent post your question was pushed back. You file in the Wake County Courthouse, not the Justice Center. If you are filing for divorce yourself, I would suggest you consult our DIY Divorce eBook, it is an excellent resource that walks you through the entire procedure to obtain an absolute divorce. The North Carolina Rules of Civil Procedure require service of the complaint and summons to be made within thirty days of filing.