Legal Question in Family Law in North Carolina
Personal Service
I have filed for divorce in the State of Nevada and want to know the proper procedure for "Personal Service" of divorce papers on my husband in North Carolina. Is there a cover letter I should send to the Sheriff's Department with my check and request, along with divorce documents?
Asked on 6/17/00, 1:24 pm
1 Answer from Attorneys
Personal Service Out of State
Have you applied for and received an Order to authorize service out of State? See Rule 4, NRCP. In the absence of special circumstances, you cannot make valid service out of state without a Court order.
When we serve out of State, we enclose a "cover letter" with instructions to the process server stating exactly how we want service effectuated. Remember, substituted service is not allowed out of state.
Answered on 8/16/00, 11:33 am