Hello, both my wife and I have been NC residents all our lives. However, we have both moved abroad and want to file for an uncontested divorce. We have been separated for 1+ year. We both will be back in NC for only a couple of weeks later this summer. How can we accomplish this?
Can a relative (like a parent or sibling) sign for the certified mail or does it get sent as restricted and require the actual person to whom it’s addressed sign it?
We need help figuring out how to proceed. Thank you!
In order to file for an absolute divorce in NC, one of the spouses must have resided in the State of NC for the 6 months preceding the filing. If this cannot be met then a judge in NC cannot grant the absolute divorce.
Certified mail to the defendant does not have to be signed only by the defendant. However, if both spouses are agreeing an absolute divorce, it may be more effective for the defendant to sign an acceptance of service. This is a document that states the defendant is accepting service of the court complaint as if he or she was formally served by sheriff’s deputy or certified/registered mail.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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