Do it Yourself Divorce -- Civil Summons


#1

He does not have to sign the divorce papers. Or even answer them, although it’s in his best interests. You simply have to prove he has been served and wait 30 days to get to court. Make sure you keep copies of all the receipts. We recently had this problem, where my friends wife refused to pickup the certified copy and told the Sherriff she had moved out of state. He eventually mailed it certified express so she had to sign for it at the door - she thought it was money.


#2

You need to send the summons and complaint with verification certified mail or by sheriff.

Your spouse does not need to sign for anything, other than if by certified mail, he would need to go to the post office to pick up the mail. If you are concerned that your spouse will not retrieve the mail, then you can have the sheriff serve the documents. Y

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

A few questions about the Civil Summons.

The Do It Yourself Divorce instructions don’t say what exactly is certified mailed to the spouse (rosen.com/ppf/ID/58/issues.asp). Is it just the Civil Summons that is certified mailed, and not the Complaint and Verification?

My husband said he will not sign the divorce papers. Do I need to attempt sending him the Civil Summons via certified email? Can I instead move right to the Service by Sheriff? He will not sign this either, and then he said he will not respond to the Service by Publication.