[i]Originally posted by bc[/i]
Serveral questions…Is it uncommon to send the summons via Certified Mail?
</font id=“quote”></blockquote id=“quote”>
No. It’s probably cheaper than the sheriff, and IMNSHO, certified mail is less likely to provoke tempers or other issues that would prevent amicable resolution of the process.quote:
Does the Ex have to respond to the summons for the attorney to setup a court date?
It helps, since a quicker response can help getting an earlier court date. It is by no means required, though. If the time for an answer lapses, then a court date should be schedulable.quote:
Is there any time limits by default that attorney can proceed in getting a court date?
I think 30 days from date of service, but that may vary from county to county.
Certified mail is the first step… If the stbx does not elect to recieve the mail you then suppenoa by sheriff, if not aviliable that way you can publish in the newspaper in the last known city/county of residence.
If no response is made and the stbx doesn’t answer or is able to be served a court date can be set.
Your stbx can show up to the proceedings or not, if not you will most likely be granted the divorce on your terms.
It is very common to serve the divorce complaint via certified mail. Once your ex is served, your ex does not have to respond to the complaint for the divorce to move forward, you simply have to wait thirty days. If your ex cannot be served via certified mail, your attorney will then try to serve via sheriff and if that is unsuccessful they will attempt to serve them via sheriff.
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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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.
I hired an attorney one year ago. I have met the one year and one day requirement for filing divorce papers. I also had a District Judge sign a Consent Order for ED which also states that myself and the Ex are legally separated.
My attorney elected to send the summons to the Ex via Certified Mail. If this does not work attorney will get the Sheriff to serve the papers.
Serveral questions…Is it uncommon to send the summons via Certified Mail? Does the Ex have to respond to the summons for the attorney to setup a court date? It is my understanding is that the attorney just needs to get the confirmation paper that the Ex had been served to start the court process, Is this true?? If the Ex cannot be located and/or a relative sign for the summons (I believe that the Ex is living with a relative), what are my options? Is there any time limits by default that attorney can proceed in getting a court date?
I have tried to get answers from attorney, but getting incomplete answers.
Looking for any responses…