I have a question with regard to the Absolute Divorce eGuide and File. The forms themselves are straightforward. My (ex) spouse and I have waiting the 366 days and we already have a separation agreement set in place but the part I was unsure about was with regard to serving the papers.
The guide made it sound like as opposed to serving via Sheriff or Certified mail, I can have my spouse sign the Acceptance of Service but when I look into it, that seems to be just a way to expedite the 30 days of waiting rather than an alternative to serving. My understanding is that legally, I cannot hand over the divorce papers myself.
So my question is, am I required to serve the papers by Sheriff/Certified AND if my spouse is willing, have them also sign the Acceptance of Service when served to speed things along or is it one or the other? And Do I need to be present when they sign the AoS?
Thank you!
The wording is below.
Acceptance of Service: This option will only work if your spouse will agree to accept the court papers and sign in front of a notary an “Acceptance of Service,” found here:
To ensure proper service on a defendant, you either need to serve the defendant by sheriff’s deputy or certified mail OR the defendant can sign an acceptance of service.
If the defendant chooses to sign an acceptance of service, they do not have to be served by sheriff’s deputy or certified mail. An acceptance of service is in lieu of service by a deputy or by certified mail.
You do not need to be present when the defendant signs the acceptance of service. However, their signature must be notarized.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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