Serving the compliant

North Carolina Divorce Law Divorce and Separation Answers
1

Dear almostsingle:

Greetings. 1) When you send the complaint, you also need to send the summons.

  1. Yes, you need to do an affidavit of service after you obtain the returned receipt (as the return receipt needs to be attached to the affidavit). Yes, the return receipt must be signed by your spouse. An example of the affidavit of service is on our website. Thank you.

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

Thanks for your response Janet. After reading your answer, I have some follow up questions.

What are my options if he does not send me the "Return of Service" document?

Would he still need to send me the “Return of Service” document if he was served by the sheriff?

3

Dear almostsingle:

Greetings. You may just want to go ahead and serve your spouse by Sheriff, because if you serve by Sheriff you will not need the return of service card. If your spouse does not return the service card from the certified or registered mail, then you will need to serve them by Sheriff or FedEx/UPS anyway. 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.

4

The NC Do It Yourself Divorce section on this website is very helpful but I do have a couple of questions.

  1. What documents need to be sent to the spouse when you are serving the compliant? Do I need to send my spouse the Compliant, Judgement, and Civil Summons?

  2. I am planning on serving the compliant by registered mail with return reciept. Do I need anything besides the return reciept from the post office to file? Do I need my spouse to send me the Return of Service?