Cornelius, NC asked in Divorce for North Carolina

Q: I mailed divorce papers 2 my wife who said she'd cooperate. She won't acknowledge receipt. Can I reserve the papers?

She lives in Florida, so I would like to go through the sheriff or third party to serve the papers.

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1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Jacksonville, NC
  • Licensed in North Carolina

A: Depends on what you mean by 'she won't acknowledge receipt'. Did you send the mail certified with a PS Form 3811 attached? If you didn't - you didn't do it right. If you did and she signed for the certified letter, the return PS Form 3811 is all the acknowledgement you need. If you mean she refused to sign for the certified letter, then yes, service by sheriff or a process server is the next step. You will likely need to get the clerk's office to issue a new A&P Summons first. Also, you likely could have saved yourself a lot of aggravation, time and saved money by having an attorney do things for you properly - this is still an option which I would encourage you to consider. What you are doing is the functional equivalent of attempting to rebuild your car's transmission if you are not a mechanic. Best of luck.

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