Serving spouse in another country

#1

Hi there,

Me and my ex had a separation agreement already in place. He has moved to Japan to pursue his new lover since our separation started. He plans to stay there long term while I have been living in NC during this time. I have filed the divorce paper and using USPS to serve him in japan and now I’m waiting for 30 days to proceed further. I have read that a court hearing notice needs to be delivered to him 10 days prior to the hearing date. Does this notice also need a return receipt? If so, that’d take me another 30 days for my mail to get there. Also, with the separation agreement in place, can the hearing be waived? If so, how? There’s no dispute between properties and we had no kids and we have been living in different countries for the past year. Thank you so much for your help!

#2

The notice of hearing for the divorce hearing must be mailed to the defendant no later than 10 days in advance. So the sooner you mail it before the court date, the better.

The notice of hearing does not need to have a signature or the return receipt. It can be sent by “regular” mail.

The hearing for the divorce cannot be waived, regardless of whether there is a separation agreement in place or not.

Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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