Spousal address/summons delivery


#1

I would contact her attorney and ask if he is willing to accept service of the complaint on her behalf or provide you with an address to serve her. If that is not the case, you can serve her via sheriff at work. Let her attorney know that you intend to do this unless he can help you get this resolved.

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
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 so much for the information. As a general rule, do courts accept divorce filings in which the defendant’s home address is listed as either unknown, refused or care of her attorney’s address?


#3

They will accept if for filing if the address is unknown, however you must serve your spouse before you can proceed with the divorce action.

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
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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

My wife and I have been legally separated for 11 months during which I was requested to send support payments directly to her atty’s office. Recently I requested my wife’s address from her atty for the purpose of divorce filing and summons delivery. My requests have been ignored while the enclosed support checks have been cashed. Our separation agreement states that husband and wife have mutual obligations with respect to the “right of action of divorce”. If I am unable to obtain my wife’s address/delivery info what are my options?