Who filed first?


#1

Dear cocchetti:

Greetings. What a situation you are in, no? Well, you have not properly served your spouse if the return receipt was never returned. Therefore, you must answer his complaint with thirty (30) days from the date you received it. You may want to review the complaint with an attorney, especially if he is filing claims other than a simple divorce. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#2

Thanks for the response. Well, if I get the return receipt back as unclaimed, but have yet to be served divorce papers by my husband, what should I do next? Try serving him by the sheriff? I would prefer not, because I don’t want our daughter seeing that. Could I do by publication?
Thanks.


#3

Dear cocchetti:

Yes, you need to serve him by Sheriff. Service by publication is only as last resort, when the other two methods don’t work. You can always serve him by Sheriff at work or when you have your daughter for custodial time to alleviate your concerns. Good luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

If I’m doing a Do-It-Yourself divorce and file the divorce complaint (uncontested, asking for nothing, just the divorce) with the clerk of courts, send my husband a certified copy return receipt, he doesn’t return the return receipt, but files his own divorce papers (contested, wanting this and that) thru an attorney instead…what happens? Does it matter? Will the original divorce papers stand and then my husband would need to contest them?