Legal Question in Family Law in North Carolina

Divorce question: What if one spouse sent the absolute divorce complaint(pro se) certified mail and the other spouse doesn't pick it up before it is returned back to sender? What happens at that point?


Asked on 6/22/15, 9:48 am

1 Answer from Attorneys

Seriously? If you are asking that question, you have zero business doing your own divorce and if you take offense to that - you are just further proving my point. Anyhoo, to answer your question, if it comes back then obviously it was not served which means you have to attempt to serve it again. In making your decision on re-serving it you need to take several things into consideration: 1) is the address good (if not you need to verify it) 2) did he/she just not get a chance to pick it up or is he/she dodging service (if they are dodging service and you have a good address - serve them by sheriff - costs a mere $30 in state and you don't have to rely on your spouses cooperation) and 3) is my time running out and do I need to do an A&P summons? Now here's where I want to show you something very important - I would be willing to bet you had zero idea your summons could expire. Now this is just one little part of one little step in the process. What else are you likely doing wrong? What else don't you know? Here's the funny thing about that - you don't know what you don't know. You are basically playing pin the tail on the donkey with a fairly important legal matter - if you get it right it will be by sheer luck.

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Answered on 6/29/15, 9:03 pm


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