Waiting Period after Service Process

North Carolina Divorce Law Divorce and Separation Answers
1

The North Carolina Rules of Civil Procedure give a party an additional three days to file an Answer and Counterclaims if they are served by mail. However, you can file a motion for summary judgment at any point after thirty days from the date of service.

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

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2

Are there different waiting periods after the service process depending upon how the Defendant was served and whether it was a Dot-It-Yourself Divorce or not?

My understanding is that from the point to which the Defendant is served say June 8th, there must be a 30-day waiting period to enable a response (if desired) from the Defendant or July 8th(40-days if by Publication). However, the Clerk of Courts in my county stated that because service was processed by Certified Mail, there are 3 additional days to the waiting period.

I cannot find anything to substantiate this.