This may seem, on its surface, as if it is a simple question, but the truth of the matter is that there are no “simple” or “silly” questions when it comes to your divorce. As they say, knowledge is power, and being informed about your case and about the necessary legal steps that are a part of your case is important.
As some may know, drafting, filing, and serving a divorce complaint is the first necessary step toward getting the divorce process underway. One spouse, typically called the plaintiff, or the petitioner, typically files the complaint, which is then served on the other spouse, who is often referred to as the defendant, or respondent. How is the complaint typically served?
In North Carolina, there are several acceptable methods of service including:
- Service by a sheriff or service of process agent: This is one of the more traditional ways of serving a divorce complaint on your spouse. For a fee, the sheriff, or a service of process agent will go to your spouse’s residence, and serve the papers upon your spouse personally.
- Certified mail: In many jurisdictions, serving a spouse by certified mail at their place of residence is also an option used by many people.
- Waiver of service: If both spouses are in agreement with the divorce process moving forward, the respondent spouse may agree to sign a “waiver of service” which simply means that he or she accepts the filing of the complaint without an “official” service needing to be made.
Regardless of the method of service chosen, the responding spouse will typically have 30 days from the date of service of the complaint to file an answer in the matter, at which point the case will officially be considered underway.