Dodging Being Served

North Carolina Divorce Law Divorce and Separation Answers
1

There is a reason that this sorry SOB is my STBX.

Had the papers drawn up by my attorney for the final absolute divorce. Was to be served on November 18. It is now December 22 and he has DODGED BEING SERVED for over a MONTH!!! What the heck?? Are you KIDDING ME??? So He can just dodge the police and drag this out even further just because he can??? Evidently since this is a “new motion” he has to be served personally and not through his attorney. My attorney did say though that he has a few other things that are being served on him that have not been served either. He said it’s on the Sheriff’s site (Union County) but I don’t see anything. All I find are if someone has a warrant out for their arrest or something but not if they need to be served with papers. Anyone know where I might find that?

Anyway … can he just forever dodge being served these papers??? What recourse do I have to ASSURE that his sorry-self gets served so that they can get the hearing calendared and I can FINALLY be rid of him???

Thank you.

2

You will need to ask your sheriff’s office how many attempts they make before rendering the documents undeliverable. I do not know how many attempts your local sheriff will make before they make a determination that they cannot effectuate service. It sounds like he is avoiding your divorce Complaint and a few unrelated other things as well so you may have to try publication.

If you cannot serve him through another method, you can serve by publication. Service by publication can be effectuated by publishing the notice once a week for 3 successive weeks. Notice must be published in a newspaper that is qualified for legal advertising and circulated in the area where the person to be served is believed to be living by serving party, or if there is no reliable information concerning the location of the party, then in the county where the action is pending. You can read the full rule by looking in the NC Rules of Civil Procedure- Rule 4(j)(1). http://www.ncga.state.nc.us/gascripts/statutes