After you file a divorce complaint in North Carolina, you must serve your spouse with the complaint and the summons. There are somewhat complex requirements for how a spouse must be served with these legal documents. You cannot hand the divorce complaint and summons to your spouse personally; with limited exceptions, you must use one of the following methods:
- Service by the sheriff’s department
- Service by a private process server
- Certified or registered mail with return receipt requested
If mailing the complaint and summons, you may use the United States Postal Service, UPS, or FedEx. You must file proof of service with the court to show your spouse received the documents.
Tuminski v. Norlin
In the case of Tuminski v. Norlin, Husband appealed an order denying his motion to set aside a judgment for divorce based in part on his claim that he was not properly served with the complaint and summons.
Background of the Case
Two years after the parties’ marriage, Husband began spending the night in the room above the parties’ detached garage. That same month, he bought a boat and began dividing his time between the boat and the room above the garage. Wife represented herself as separated to friends and co-workers. Husband and Wife remained in contact during this separation, including spending Christmas together.
Between May 2020 and Christmastime of that same year, the parties engaged in sexual relations, but they did not reconcile their marital issues, and Wife did not intend to reconcile. In January 2021, Husband moved his boat to Ft. Myers, Florida, and began living there full-time.
In July 2021, Wife informed Husband of her intention to file for divorce, and later that same month, she filed a Complaint for Absolute Divorce in Chatham County, North Carolina. Wife sent the complaint and summons via certified mail to Husband’s personal mailbox at the UPS store in Ft. Myers.
Despite having received notice of a hearing scheduled for September 1, 2021, Husband nor his counsel appeared. The trial court granted Wife’s motion and entered a Judgment for Absolute Divorce. Husband did not appeal this ruling. Instead, Husband filed a new complaint and action in May 2022 to set aside the judgment, and the trial court denied this motion. Husband appealed this denial.
Husband’s Appeal in Tuminski v. Norlin
In his appeal, Husband claimed that the service of process was defective. However, the appellate court disagreed. North Carolina allows service of process to be completed through certified or registered mail. Wife properly addressed and sent the certified mail to Husband, and she provided proof of service to the trial court. In addition, Husband admits to receiving his mail at the UPS mailbox because he was living on a boat, and he signed a contract with UPS that authorized the store to act as his agent for receiving service of process. The Court of Appeals determined that the requirements for service of process were met.