I filed a complaint for divorce in Mecklenburg county in mid February and sent my ex a certified / return receipt requested notification but after 3 weeks she has not accepted the letter nor picked it up at the post office. Then 2 weeks back I paid to have the sheriff serve her the complaint but she has stated by email that she will not answer the door for the sheriff and will avoid being served to prolong the divorce and so far, they’ve not found and served her. Finally I’ve sent a signature required UPS package which has been undelivered 2 days in a row.
Questions
Can I use a process server to deliver the summons?
When can I go ahead and do the public notification and if so how?
We’ve been apart for over 2 years and it’s a simple matter of getting her served so I can request a court date and move on with my life…
Yes, you can use a process server to serve the civil summons and complaint.
You must exercise due diligence to get your wife served by other means before resorting to notice by publication. You can try having her served at her work address by a sheriff’s deputy. You can also notify the sheriff’s office of specific times that you know her to be at a certain address.
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.
I have already used 3 forms to try to have her served. USPS certified, UPS signature req’d and Mecklenburg Sheriff. She does not have a job and is hiding in the house. I am not privy to her coming and goings.
How do I use the public notification via newspaper?
When specifically can I use public notification & do I need court approval to do so?
What other means are you suggesting? I have exhausted all my means and if she will not answer for a Sheriff, she will not answer for a process server.
I would try serving by sheriff deputy another time and let them know up front about how you believe she is attempting to interfere with service.
You can use service by publication if you cannot serve a defendant after you have exercised due diligence to effectuate service by other means. Rule 4(j1) of the NC Rules of Civil Procedure explains the process. Per the statute, you do not need court approval.
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.
Is there a format required for publication? Since the listing will run for at least 3 weeks, I want to avoid a larger listing than needed. Is there an example newspaper listing to review?
There is no required format for publication. What’s important is that you have all the words that are required per the statute.
You can draft the notice in a Word document and the newspaper will format it to adequately fit on the newspaper page. You can tell the newspaper to not include spaces between lines, and this can cut down on space and cost.
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.