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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2677
Experience:  associate attorney
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I have followed the process from your online divoice

Customer Question

I have followed the process from your online divoice company. I sent divorce papers by return receipt certified mail. A college student that rents a room from my wife signed for the certified document and notified my wife that the document was there and ask her whether she wanted her to forward the mail as she normally does. I have a notarized letter from the renter acknowledging that my wife received and read the document. However, she is refusing to sign anything. I have no contact with at all in that she does not answer her phone, return my calls, emails, or texts. Outside of the property that she solely owns, I have no idea where she is except I have been told the State of Arizona. We have nothing to contest. We have no children. We were married one year when she was removed from my home for domestic violence against me. Hence, out side of the fact we have been separated without anyou form of contact for over a year, there is the issue of abandonment. I am wondering whether I could get a divorce based on the domestic violence charge as well. However, my only interest is merely to get this divorce done one way or another. Is there a such thing as a one signature divorce in light of cases such as this?
Submitted: 11 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 11 months ago.

Where were the divorce papers served, Arizona? Also, in what state are you seeking the divorce?

Customer: replied 11 months ago.
No sir, I don't know where she is in Arizona. I sent to her property she owns in North Carolina. A young lady that rents a room from that residents has given me a notarized letter stating that she flew in town received the documents as well as all her other mail and then flew back out of NC.
Customer: replied 11 months ago.
I'm in the state of SC.
Customer: replied 11 months ago.
I'm seeking the divorce in the state of SC.
Expert:  Christopher B, Esq. replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

When serving an individual as done in a family court case, the process server must deliver the summons and complaint to the defendant personally. That means the summons and complaint must be placed in the defendant’s hands. Leaving it under the mat or jammed in the door is not personal service. Also, it is proper service is the papers are left with a person of “suitable age and discretion” who also resides in the usual place of abode (the home) of the defendant. See statute below:

(d)(1) Individuals. Upon an individual other than a minor under the age of 14 years or an incompetent person, by delivering a copy of the summons and complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy to an agent authorized by appointment or by law to receive service of process.

The service in this case should be goof especially with the affidavit signed that the college student personally handed the divorce petition to you "wife". The following provides a basic overview of how to obtain a "simple divorce" (expedited divorce) in South Carolina. If you do not meet all of the following requirements or you have specific questions about your divorce case, you should speak with an experienced family law attorney in your area. A court or judge can't answer questions about your particular case or legal rights.

In South Carolina, you may file for a simple divorce without the help of a lawyer if you meet the following:

(1) you or your spouse has lived in South Carolina for at least one year prior to filing for your divorce, or you and your spouse both live in South Carolina and have lived there for at least three months before filing for divorce

(2) you are filing on the ground of one year continuous separation without living together at any point during that year

(3) you have no martial property or marital debt, or you have reached an agreement on how to divide the marital property and/or debt, and

(4) you have no children with your spouse and none are expected, or you have minor children together and have reached an agreement about custody, visitation and child support (and the child support agreement meets the minimum requirements set by South Carolina Child Support Guidelines).

The service must be accepted by your spouse though and file this form: http://www.sccourts.org/forms/pdf/SCCA400.03SRL-DIV.pdf which may be difficult considering your problems already. It looks as though you have already made proper service and the simple approach I described may be harder. I would contact an attorney if you haven't already and move forward with the case and consider your wife served.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 11 months ago.

I see you reviewed my answer, do you have any further questions? If not, positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 11 months ago.

I see you reviewed my answer, please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic. I want you to be satisfied so I will continue to answer any questions you may have and I thank you in advance for completing this extra step as it will not cost you any additional money.

Expert:  Christopher B, Esq. replied 11 months ago.

Any chance for a positive rating?

Expert:  Christopher B, Esq. replied 11 months ago.

Just checking back in, do you have any further questions?