The verification and the complaint should be stapled together as one document.
There should be one white summons and three yellow summons.
Once the Affidavit of service is completed you need to send the original to the courthouse to be put in the file. You will clock it in using the clock in the clerk’s office. You may want to check with the clerk about where to put the clocked in copy as every county has different rules.
You do not serve the complaint until it has been filed. You would take the Complaint with attached verification and all copies and the Summons to the courthouse and file the action. Then you serve it.
- Take the Summons, Complaint and Verification, and the filing fee to the courthouse. (see additional details above)
- File the action.
- Serve it on your spouse.
- Take the green card you receive back from the post office, create a notarized certificate of service, file that in the clerks office. (see additional details above)
- Get a Calendar Request and set your hearing at the clerks office.
- Serve a copy of the Notice of hearing and calendar request on your spouse.
- Take three copies of the Judgment to the courthouse on your hearing date.
I would also recommend that you file stamp and keep duplicate copies of everything you file in the event you need it at court.
If you are doing the divorce pro se it is mandatory you serve her via sheriff, certified mail, or publication. There are shortcuts you can take when attorney’s are involved, but they generally don’t work when you are representing yourself.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.