Can You Serve a Divorce Summons by Mail in North Carolina?

In civil cases, such as divorces and equitable distribution matters, the defendant must be served with the summons and complaint prior to the date of the hearing. While process servers and the local Sheriff’s department can serve legal documents, you may also be able to serve the opposing party by mail.

Service by Certified Mail in North Carolina

North Carolina’s Rules of Civil Procedure state that service by certified mail is acceptable as long as the party serving the documents files an affidavit to prove that service was completed. The affidavit must include attestations that:

• A copy of the summons and complaint were deposited at the post office for mailing by certified mail
• That the documents were received as evidenced by the attached receipt or other evidence

You must then attach the evidence that supports your statements regarding service being completed.

Strickland v. Strickland

In the case of Strickland v. Strickland, Husband appealed an equitable distribution order in part because he stated he was not served properly. Wife filed a complaint, requested equitable distribution, and filed for a temporary restraining order regarding the parties’ home equity line of credit. On May 22, 2020, she sent the summons and copies of the complaint and restraining order to Husband’s post office box via certified mail.

At the first hearing scheduled in this matter, on June 1, 2020, counsel for Wife requested a continuance because Husband had not been served yet. The-is request was granted, and the hearing was rescheduled for June 9, 2020. At the June 9th hearing, counsel for Wife again asked for a continuance because Husband had not yet been served. The hearing was rescheduled to June 24, 2020.

On June 9, 2020, after the continuance was granted, the temporary restraining order was continued in full force and effect. Wife sent another summons and copy of the complaint and restraining order to Husband via certified mail to his post office box. On June 23, 2020, Wife filed an affidavit of service stating that she had deposited the complaint and order with the postal service via certified mail on May 22, 2020, and an employee of the UPS store where Husband’s post office box is located signed for the documents. The affidavit also stated that Wife served Husband again, in the same way, on June 9, 2020.

The UPS facility employee who signed for the documents also submitted an affidavit stating that he received and signed for the papers on those dates and then placed them in Husband’s post office box.

The trial court ruled that Husband had been properly served, and an equitable distribution order was entered on May 11, 2021. Wife put a copy of the equitable distribution order in the mail for delivery to Husband’s post office box. Counsel for Wife also emailed a copy of the order to an attorney who later filed a notice of appearance as Husband’s counsel. Husband claimed this email was the first time he had learned of the equitable distribution hearing, and he appealed.

The Court of Appeals subsequently agreed with the trial court regarding service, stating that Husband had been properly served according to North Carolina law. The case was vacated and remanded for other issues brought up by Husband in his appeal, but the service of process was determined proper in this case.