Service in Canada

North Carolina Divorce Law Divorce and Separation Answers
1

Question #1:
I am trying to file for divorce in Durham County and my wife is in Canada. All I have is a last known address. If I am reading the resources available on the web correctly, it looks like I should send two copies of the NC Divorce Packet and $50 to

Canadian Federal Central Authority
Ms. Sandra Zed Finless
Justice Legal Services
Foreign Affairs and International Trade
125 Sussex Drive, Tower C, 7th Floor
Ottawa, Ontario K1A 0G2

Is this correct?

Question #2: If the last known address is incorrect and the packet is returned unable to be served, can I still file for divorce?

2

You will need to check with the Canadian agency to ensure you present them with all they need. If she cannot be served by the agency you may serve her via publication.

3

Thank You. How do I serve by publication? Is there a resource that tells me how to do that?

4

Yes, the process is outlined in Rule 4 of the NC rules of Civil Procedure.

5

IS THIS SAYING THAT I CAN JUST SERVE BY PUBLICATION FROM THE BEGINNING OR DO I HAVE TO TRY TO HAVE HER SERVED BY AN OFFICIAL FIRST?

(7502(f)(2) may be served by publication. Except in actions involving jurisdiction in rem or quasi in rem as provided in section (k), service of process by publication shall consist of publishing a notice of service of process by publication once a week for three successive weeks in a newspaper that is qualified for legal advertising in accordance with G.S. 1‑597 and G.S. 1‑598 and circulated in the area where the party to be served is believed by the serving party to be located, or if there is no reliable information concerning the location of the party then in a newspaper circulated in the county where the action is pending. If the party’s post‑office address is known or can with reasonable diligence be ascertained, there shall be mailed to the party at or immediately prior to the first publication a copy of the notice of service of process by publication. The mailing may be omitted if the post‑office address cannot be ascertained with reasonable diligence. Upon completion of such service there shall be filed with the court an affidavit showing the publication and mailing in accordance with the requirements of G.S. 1‑75.10(a)(2), the circumstances warranting the use of service by publication, and information, if any, regarding the location of the party served.)

6

I cannot review statutes and provide interpretation on the law in other jurisdictions.

7

It’s the NC statutes you referred me to

8

You must first attempt to serve via certified mail at the Defendant’s last know address, or via sheriff before service by publication.

9

i have successfully filed the pro se divorce packet in the durham cty court and now need to forward the notarized docs to the Canadian Central Authority. they say the docs must be forwarded by an atty- how do i find out how much the cost would be to have your office send the docs to the CCA to be served on the defendant?

10

You may contact our client liaison to schedule a consultation.