Do I have to be served?

[Pilot1973]

North Carolina - My wife and I separated in June 2012 but did not officially sign the separation agreement (drawn up by her attorney) until late in the following month. I had planned to contact the attorney just prior to the one year anniversary of the separation date to have him draw up the final papers so I can come into the office and sign them or to just file them myself without an attorney. Now my soon to be ex-wife is telling me that that I have to be served (i.e. Sheriff's Deputy shows up at my work) the final filing papers from her attorney because it is the law in NC. I don't believe this to be true. Can someone tell me what the law says and what I can and can't do to file these papers?

Thanks much.

 

[Zigner]

Yes, you likely have to be served.
No, a sheriff deputy doesn't have to show up at your work. Assuming no other factors that could interfere, tell her to have a friend hand them to you and then fill out the proof of service.

 

[Silverplum]

North Carolina - My wife and I separated in June 2012 but did not officially sign the separation agreement (drawn up by her attorney) until late in the following month. I had planned to contact the attorney just prior to the one year anniversary of the separation date to have him draw up the final papers so I can come into the office and sign them or to just file them myself without an attorney. Now my soon to be ex-wife is telling me that that I have to be served (i.e. Sheriff's Deputy shows up at my work) the final filing papers from her attorney because it is the law in NC. I don't believe this to be true. Can someone tell me what the law says and what I can and can't do to file these papers?

Thanks much.

She could send it to you via mail, which is cheaper and perhaps less embarrassing. You can't force her to pick the manner you wish, so perhaps warn your front desk person that your X is planning to serve you at work.

http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/Divorce Inform.htm