There are several ways to serve your spouse with divorce papers in the State of Michigan. The following are the forms of service available in which you may serve divorce papers, along with the pros and cons of each.
By a Process Server
The first way to serve your spouse with divorce papers is by hiring a process server. This is a very common way in which attorneys have your spouse served with divorce papers.
Once the process server has completed service, they will file an affidavit of service showing the court the manner, location, date, and time your spouse was served. After your spouse has been served by a process server, they will have 21 days to file a response to the complaint for divorce.
Pro: That service will be handled properly.
Con: There is a fee associated with hiring a private process server to serve divorce papers.
By Mail
The second way to have your spouse served with divorce papers is by mail. They must be mailed registered or certified/return receipt requested, with delivery restricted to the addressee.
Service is made when your spouse acknowledges receipt of the mail. A copy of the return receipt signed by your spouse must be attached to proof showing service and filed with the court.
After your spouse has been served via mail, they will have 28 days to file a response to the complaint for divorce.
Pro: It is easy and cost effective.
Con: The post office can fail to return the return receipt to you. Or the post office allows someone other than your spouse to sign for the restricted delivery mail. If someone other than your spouse signs for the restricted delivery mail, it will not be considered proper service.
By a Third Party
The third way to have your spouse served with divorce papers is through a third party. It may be any legally competent adult who is not a party to the action. This means you are not allowed to serve your spouse personally. But you may have a friend or family member do so, as long as they are 18 years of age or older.
After your spouse has been served by a third party, your spouse will have 21 days to file a response to the complaint for divorce.
Pro: It is free.
Con: As this is typically a friend or family member, they may not be familiar with the rule that once they have served your spouse, they now must complete an affidavit of service. This affidavit of service must be filed with the court.
By a Sheriff or Police Officer
The fourth way to have your spouse served with divorce papers is by a sheriff or police officer. In some counties, the sheriff or police department handle service of divorce papers. Contact your local sheriff or police department to see if they assist in process of service, as it can vary from county to county.
Pro: That service will be handled properly.
Con: There is a fee associated with hiring a sheriff or police officer to serve divorce papers.
Considering Divorce? Learn your options with Schmitt Law, PLLC
Contemplating a divorce can be one of the hardest decisions to make in life. There are many complexities involving the divorce process, making it overwhelming for most. However, know that you are not alone, and help is available. At Schmitt Law, PLLC we are here to answer your questions, ease your concerns, and protect your rights.
To book a consultation, contact Schmitt Law, PLLC online or by calling (616) 608-4634.
