My wife and I are filing an uncontested divorce and I think I have all the bases covered paperwork wise.
The plan is personal delivery and her signing a waiver and acceptance of service for amicability purposes.
Does she sign the appropriate waiver forms and then we just take the whole thing to the clerks office in one packet?
You have to file the complaint first so that you have a summons issued to her and a file number to complete on the acceptance of service. She should sign the acceptance of service in front of a notary.
A summons for what? I don’t want the sheriff involved…
I am confused.
Rule 4(a) states “upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days. The complaint and summons shall be delivered to some proper person for service.” You have to complete it and bring it to be issued when you file the complaint. You don’t have to have the sheriff serve it. Your acceptance of service should cover it.
Does this mean we can go through mediation first and then do the serving and acceptance at the same time?
You can attend a mediation session and memorialize the terms of the settlement into a written court order that both parties sign. Afterwards, one of the parties initiates a court action against the other for the purpose of having the written agreement from the mediation being signed by a judge and entered into a consent order.
But before the judge can sign the sign and enter the consent order, the defendant (the spouse not filing the court complaint) will need to sign and file an acceptance of service which shows proof of proper service of the court complaint.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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