Service of Divorce Papers

So, my friend was separated for a year. The ex filed the papers in February, he signed them, had them notarized and sent back to the attorney. So his ex’s attorney stated that the case had to be dismissed and the process needed to start over again. The attorney states that they have been filed on April 26. However, he has still not been served as of yet. Honestly, the whole thing is fishy as she has caused numerous problems for him and his sons. He is at the point where he may simply have to serve them himself because he isn’t getting anywhere with her attorney and he and her have no contact due to a restraining order. What would be the best way to get this divorced finalized? I’ve never heard of divorce proceedings being “dismissed and started over” so I’m very cautious about this attorney. Thank you for your time.

The best thing to do is to look at the court file at the clerk’s office to determine what has happened. If there is a filed complaint for absolute divorce and proof of service on the defendant (affidavit of service, acceptance of service, civil summons filled out on the back), then the defendant can file a notice of hearing and schedule a court date for the absolute divorce. Scheduling court dates is not restricted to just the plaintiff or the person filing the court date.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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