Legal Question in Family Law in North Carolina

There is no requirement that a clerk sign the filed paperwork for it to be valid. Clerk's usually do initial the file stamp section labeled By:____ so that they know who handled the paperwork when it came in but the paperwork is not necessarily invalid just because that section is left blank. So the divorce complaint is likely valid. However, a Summons is only good for 90 days, at the expiration of which it would need to be renewed (at that point called an Alias and Pluries Summons). Since you indicate the date it was issued is June 30, 2016, there is the possibility the Summons has expired and service improper - that is a separate issue from the divorce complaint being valid and likely something you would need an attorney to review for you.

If you question the validity of the divorce complaint or the summons, simply call the Clerk's office and ask. If you have the file number in the upper right hand corner, that will be helpful (it will likely start with 16 CVD). Keep in mind, if the complaint is valid AND you were properly served - you only have 30 days from the date you were served to properly respond. If you fail to timely respond you could lose the right to bring up issues like division of property, alimony etc. Best of luck and May the 4th be with you!!