No. The papers have been served. That is the only thing that you need to do other than possibly calling the parent to make sure that he has seen the papers and knows that he has 30 days to answer or sign the papers. I’m not sure that it’s necessary but for your own peace of mind so that you know he will not come back later and claim he didn’t know about it…
Even if he does not then a hearing may be scheduled. My husband didn’t even have to go to court for his divorce, though his ex refused to sign the divorce complaint. She told him several months prior that she would make it as difficult as possible for him to divorce her. The divorce would have been granted on Dec. 20th that year, 30 days after she was served but the courts were closed for the holidays so it ended up being the first week in Jan. It was still granted even though she didn’t sign the papers.
Dear bc:
Greetings. No, you can serve him at his residence to an adult over the age of 18 that also lives there with him. He is properly served. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
If you are filing for divorce, your STBX is on the road all the time to make a Living and has only a home address with a parent that lives their to maintain the home, this is the address you gave to the sheriff to serve the divorce papers. When the sheriff arrives at this address and the STBX is not home, the papers are received by the parent. You do receive notification from the Sheriff Dept that the papers were served.
Since you do not know when the STBX will be at home (Traveling schedule is indeterminent and no way to get in contact other than through the parent), is there anything else that needs to be done prior to seeing a Judge for the Absolute Divorce Decree?
It is understood that you have 30 days after papers are served prior to seeing a Judge.