Trying to follow the Wake County process


#1

A followup/related question.

Since my wife and I are cooperating, is there a way to officially “serve” her the papers without using the sheriff or registered mail. That is, can I “serve” her the papers myself and us go to a notary and her sign an affidavit that she received the papers at such and such a date/time? I’m thinking of something similar to the “Affidavit of Service” form except that we would both sign and it would state that I handed her the papers and she received them. Something like:

NC In the … justice
Wake County District Court Division
-CVD-_

Joe Schmo,
PLAINTIFF
V AFFIDAVIT OF SERVICE
Sue Foo,
DEFENDANT

That a copy of the Civil Summons and Complaint were hand delivered to and accepted by the Defendant by the Plaintiff in the presence of the below signed Notary Public at the time of signing this statement.

(defendant signature)
(plaintiff signature)

(Notary block/signature)


#2

bump.


#3

Dear mda:

Greetings. I know that you are in a hurry for an answer, but that is the first time I have ever seen anyone “bumped.” I hate to admit that it made me laugh, but it did.

Now, to your questions:
First, one or two of my own…what in the world did you file at the courthouse? The divorce? If so, was the separation agreement signed by both of you with a notary? Is all property divided?

  1. Yes, remove the card and mail the yellow summons to her, returning the white copy to the clerk of court.

  2. You can only incorporate the agreement into your divorce decree under limited situations and you must include the request in your complaint. As long as your agreement is signed and notarized by both parties, then it will last forever, regardless of whether or not it is linked to the divorce.

  3. Your wife can sign a waiver and acceptance of service. There is one on the form section of our website. You don’t need to sign it silly, just her.

Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

Ms. Fritts,
Thanks for the reply - it is appreciated that you all do this as a service.

Also, I didn’t do the “bump” and was concerned the other user “bumped” me to the end of your very long list. I’ve seen other topics here where you’ve told someone that their “anybody gonna answer” posting just moves them to the end of the list.

Some “bumping” history - On some other message boards (www.divorcebusting.com) administrative users will add a “bump” comment to a topic to force it to the top of the message list by changing its “last post date” timestamp. But, if you work from oldest “last modified” to newest, it would seem to be counter productive to “bump” topics on this message board.

By “filed” I mean I turned in the Complaint, Judgement, Summons, etc. that are in the Do-It-Yourself kit to the clerk and she stamped them and gave me a case number.

The separation agreement has been signed by both of us in the presence of a notary. All property division, alimony, custody, and child support issues have been resolved and are described in the separation agreement. We each hired attorneys to sit with us and review the document so we both understand what we agreed to.

I will give the summons to my wife and have her sign the “waiver and acceptance of service.”

I regret not just paying my attorney to do the filing and such … I don’t know how you keep the legal maze downtown straight in your mind!! [xx(][xx(]

Thanks again for the help. I think I’m all set for now.

mda


#5

Dear mda:

Greetings. I hate that you were bumped, but I did laugh to see that someone had actually bumped someone else to the end of the line on our forum - almost just out of spite/or to be funny.

Nevertheless, good luck with the documents and obtaining your divorce. Yes, it is difficult to keep it all straight, but that is what I love. Have a great day!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#6

I’m trying to follow the Wake County process and want to make sure I’m not missing anything…

My wife and I have been separated for 14 months, at her wish. I drew up a formal separation agreement and both she and I had it reviewed by our respective attorneys. We did not retain the attorneys - just paid for consultation time. We are parting cooperatively and attorneys aren’t needed at this point.

I filed the papers at the courthouse and have a case number.
I have copies to be served on my wife. I wish to use registered mail.
I understand that after I receive the green mail card back, I fill the affidavit and file it with the clerk.

Q1 - If I use registered mail, what do I do with the Notice of Assignment Card? The clerk stapled it to the copy of the papers to be served by the sheriff. Am I correct that I should remove it, mail her the summons, etc., and then give the NoACard back to the clerk when I file the affidavit of service?

Q2 - What about the separation agreement? The clerk at the court house said they did not need the sep agreement because it wasn’t enforcable by them. That I could record it with the register of deeds. I did that have have the recording information.
How do I get the agreement “incorporated” into the divorce? Or is having the signed copy registered with the county enough?

I am concerned that the agreement will not be linked to the divorce and might end up being meaningless.

I thought I would post here before contacting my attorney and being charged for his time. Thank you for this site, it has been a valuable resource.

Thanks