Serving paperwork in NC

[VictoriaK]

North Carolina

Do my ex and I have any more expedient options than waiting to be served? We have no children or assets to divide and have been separated for over 10 years. We both want the divorce but have had difficulty filing because he doesn't tend to keep a permanent address, travels frequently, and he never stays in town long. Can we just go to a notary together and then file together at the courthouse?

 

[adjusterjack]

One of you still has to file your petition with the court to get things started. But if you are in agreement as to all the terms of the divorce, you can meet and hand him his copy and have him sign an Acceptance of Service and then you file that acceptance with the court.

Here's the form. You might have to retype it on your computer if it's a different court name.

http://divorcepapersforms.com/wp-content/north-carolina/acceptance-of-service-and-waiver.pdf

After that you'll still have to follow court procedure to create your decree and get that filed.

Your court's website should have instructions. If not, try the websites of courts in bigger counties.

 

[VictoriaK]

That is definitely legal in NC? I know different states have different laws. Our county is 3rd largest in the state but unfortunately we're in the bible belt. We don't have much divorce information available through the courts because it is frowned upon. We can't even get the paperwork from the courthouse. We have to go through third parties. It is ridiculous. I just want to make sure the paperwork won't get rejected.

 

[adjusterjack]

The form looks correct for the purpose.

If you aren't comfortable doing this on your own, I suggest you call around to lawyers and get prices on getting the paperwork done for an uncontested divorce.

Meantime I found some basic information and two forms on the NC courts website:

https://www.nccourts.gov/help-topics/divorce/separation-and-divorce

https://www.nccourts.gov/documents/forms?contains=divorce&field_form_type_target_id=All&field_language_target_id=All

There are more resources in the following search result:

https://duckduckgo.com/?q=north+carolina+divorce+process&t=h_&ia=web

 

[VictoriaK]

I'm sorry, maybe I wasn't clear about my concern. I have all of the paperwork and am comfortable filling it out. My question is regarding what my legal options are for how to serve my ex. Many states have different requirements for this. I know I can have the sheriff serve him or send him the summons by certified mail but I am trying to find out if I can just give him the paperwork or something equally straightforward when I know he will be in town for a couple days.

 

[LdiJ]

I'm sorry, maybe I wasn't clear about my concern. I have all of the paperwork and am comfortable filling it out. My question is regarding what my legal options are for how to serve my ex. Many states have different requirements for this. I know I can have the sheriff serve him or send him the summons by certified mail but I am trying to find out if I can just give him the paperwork or something equally straightforward when I know he will be in town for a couple days.

You do not have to serve him by any of those methods if he simply accepts service. That is what an attorney can do for you, is to provide the paperwork so that separate service isn't necessary.

 

[VictoriaK]

We're not interested in getting attorneys involved. We are both on the same page about everything and just want to get this done as quickly and cut out as much of the middle man as possible. I really do appreciate you both taking the time to answer though.

 

[LdiJ]

We're not interested in getting attorneys involved. We are both on the same page about everything and just want to get this done as quickly and cut out as much of the middle man as possible. I really do appreciate you both taking the time to answer though.

You clearly do not understand what I am talking about. Getting a divorce after a 10 year separation can literally be nothing more than signing some papers and crossing some T's and dotting some I's. An attorney can make that happen with a minimum of fuss and probably without anyone having to go to court.

You can likely make that happen too if you can figure out what paperwork to do and how to make that paperwork happen. It does not appear however that you are capable of doing that. That is why I suggested an attorney...because the attorney can make it happen faster and easier than you can.

 

[VictoriaK]

Wow.

I'm dealing with an ex who is basically transient. It is pretty much impossible to schedule appointments with him let alone get him there. You do not know the entire situation. I really only need an answer to the question I asked, not other ways to go about the entire process. There is absolutely no call for such a catty response. I was being genuine when I thanked you for your time. I'm sorry if you felt otherwise.

 

[adjusterjack]

I really only need an answer to the question I asked

Then use the acceptance form that I suggested.

If the court accepts it - all good. If not, then you get to consider other options.

Up to you.