Service by Certified Mail


#1

Dear freetobeme:

Greetings. If your spouse signed an “Acceptance of Service” that is sufficient. If he signed this form, you do not need the green card. The Acceptance of Service must be notarized though.

Now, if he did not sign an Acceptance of Service with a notary, and you only have the green card with someone else’s signature, no, he is not served in a manner that you can prove and you will need to try again. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

I filed for my divorce last week in Forsyth County and chose to serve my spouse via certified mail since he lives out of state. I sent the papers certified mail, return receipt, restricted delivery. When I received the green card back in the mail, someone besides my spouse signed for the papers. He did receive the papers and has signed a form stating that he received the copy of the complaint and is waiving his 30 days to respond.

Is this sufficient proof that he has been served, even though his signature is not on the green certified mail receipt?

Thanks.