Questions about Serving Civil Summons

North Carolina Divorce Law Divorce and Separation Answers
1

  1. Yes, but you need to send the letter restricted delivery so only your spouse can sign for it.

  2. Yes, the sheriff can provide serve him at any address you provide, but it must be in the same county where the sheriff is located.

  3. I would put her work address since that is known to you.

  4. You should only file in Wake county if you are certain one person lives in the county.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

2

I am going to be doing a D-I-Y Divorce in Wake County but I have some questions about “serving the papers”.

I do not have the Soon-To-Be-eX’s home address and that person is not willing to give it to me, so I am going to have to go through the entire procedure not knowing STBX’s home address. However, I do have STBX’s work address.

  1. Is it possible to serve via registered/certified mail to the STBX’s work address, or does procedure REQUIRE it be sent to the home address? I have heard mixed answers, it would seem to me that as long as the person received and signed the papers it wouldn’t matter where they were delivered, but who knows.

  2. Will the Sheriff serve papers at the STBX’s workplace if I cannot provide a home address (due to the person being unwilling to provide the home address)?

  3. If I do not have the STBX’s home address, what do I do on the remaining forms where it you are supposed to fill in the defendant’s name and address? Can I just put Raleigh, NC, or just the STBX’s name, or what?

  4. Another possible snag here is that I do not live in Wake County but I am 99.999999% certain that the STBX does still live in Wake County (and certainly works in Wake County). If I do not have her home address, will I still be able to file in Wake County (since I have no address to “prove” that the other person lives in Wake County)?

Thanks in advance.