My spouse will be out of the country temporarily when we complete our year’s separation and won’t return for over a month. We’re both anxious to move forward with the process. Is there a way he can be served abroad or can he sign something before he leaves that will allow me to file the divorce papers while he’s away?
If you file the divorce while he is gone, you may send him the paperwork in any manner (even scanned copies in an email).If he signs a document called an acceptance of service the process can move forward in his absence.
Here is an example:
ACCEPTANCE OF SERVICE AND WAIVER OF TIME FOR
ABSOLUTE DIVORCE COMPLAINT
NOW COMES Defendant, answering the Plaintiff’s earlier filed Complaint and says:
That he received the Summons and Complaint, has read the Complaint and the allegations contained therein are true.
That he waives any defect in service of process, all further notice of any hearing or action, his right to be present and heard and consents to this matter being brought before the Court at the convenience of Plaintiff in any manner allowed by law, and joins in the prayer for relief set out in the Complaint for entry of divorce.
WHEREFORE, Defendant respectfully requests the Court to grant the following relief:
That the Court dissolves the bonds of matrimony existing between the Plaintiff and the Defendant.
That the Defendant’s time to answer Plaintiff’s Complaint and Defendant’s right to a minimum Notice of Hearing be waived, and
For such other and further relief as to the Court seems just and proper.
This is the _____ day of June, 2010.
______________________________ John Doe
123 Main Street
Any town, NC 12345
I certify that John Doe personally appeared before me this day, and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.
Date: ____________________ ¬¬¬¬ __________________________________
___________________________, Notary Public
(Notary’s printed name)
My Commission Expires: _________________
Thanks, Erin. So I take it he would sign and send this from abroad, after he receives the copy of the divorce complaint. Since he will be in a foreign country, would he just go to the local equivalent of a notary? And could he e-mail the scanned copy of his signed waiver, or would he need to mail the originals? Thanks for your help.
There should be a notary at the embassy, if not , the foreign equivalent will suffice. I recommend you get an original of the document to file.