Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Divorce Papers

What Does It Mean To Serve Someone With Divorce Documents?

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SERVICE OF THE DIVORCE DOCUMENTS

After the Complaint for Divorce has been filed with the clerk of the court, and the Summons has been issued, both documents must be served on the Defendant. Service can be in person (voluntary or by a process server) or by mail. 

VOLUNTARY ACCEPTANCE OF SERVICE

Serve divorce papers

If your spouse is willing to voluntarily accept service of the Complaint for Divorce and Summons, they must complete the Acknowledgement of Service found at the bottom of the second page of the Summons. Your spouse will be required to complete the Acknowledgment of Service listing the documents they received, as well as the day, date, and time of service. After your spouse has completed the Acknowledgment of Service, you must file the Summons and completed Acknowledgment of Service with the Clerk of the Court to show service of process has been completed.   

PROCESS SERVER

If your spouse will not accept service of the Complaint for Divorce and Summons, you may hire a process server to have your spouse served. A process server may be a sheriff, deputy sheriff, bailiff, or appointed court officer.  Process servers charge for their service, and the cost will vary.

After your spouse has been served with the Complaint for Divorce and Summons, the process server will complete the Affidavit of Service showing what documents were served, the name of the person served, as well as the date, time, and location of service of your spouse. This Affidavit of Service is then filed with the Clerk of the Court to show service of process has been completed.

MAIL

If your spouse will not accept service of the Complaint for Divorce and Summons, you may serve your spouse via U.S. Mail. The Complaint for Divorce and Summons must be mailed registered or certified mail. Once you have received the return receipt from the post office, you must attach it to a copy of the Summons and file it with the Clerk of the Court to show service of process has been completed.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

We understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation.  Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation.

How To Serve Divorce Papers

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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.

Serve 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.

Your Judgment of Divorce has been signed. BUT… have you finalized the details?

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Your Judgment of Divorce has been signed. BUT… have you finalized the details?

So, you are officially divorced! Have you taken care of all of the “details”? You ask, “what details”? If you have recently finalized your divorce, there are important matters that need to be addressed to wrap up your divorce. Just remember, details matter!

Now that the divorce is complete you should review the following list of items that should not be overlooked after your divorce:

  1. Check all of your health, life, disability, auto, home, insurance policies to make changes in coverage or name different beneficiaries as might be appropriate.
  2. Check all of your IRA’s, SEP’s, 401K’s, profit sharing, retirement accounts, or other retirement and/or pension plans to make changes in coverage or name different beneficiaries as might be appropriate.
  3. As to medical insurance (COBRA) coverage for yourself, or health care insurance coverage for your children which is to be carried by your former spouse, you should follow through on checking with the appropriate person to make sure that forms have been filled out and that you or the children are properly covered.
  4. If the Judgment of Divorce requires your former spouse to maintain life insurance to secure any of the provisions within the Judgment of Divorce, Michigan Law requires that you follow-up in writing with the life insurance company. You will be required to supply them with a copy of the Judgment of Divorce or a letter outlining your former spouse’s obligations under the terms of the Judgment of Divorce, and clearly indicate that the policy is to be maintained as required by the Judgment of Divorce. Again, this must be done in writing, otherwise the insurance company may be able to avoid their liability.
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  1. You should check the titles to all of your property and make sure they correctly reflect your name as required by the Judgment of Divorce. Or, you need to sign any papers necessary to have your name removed from the title of property as the Judgment of Divorce may require.
  2. As to any pension, IRA, or other retirement funds to which you are now entitled under the Judgment of Divorce, you should make contact directly with the pension plan administrator to make sure that the Judgment of Divorce has been complied with, and that the funds have been appropriately transferred as the Judgment of Divorce requires.
  3. If you have a Will, you need to review it for appropriate revisions. If you do not have a Will, now would be a good time to make one.
  4. You need to review your tax withholding and/or your estimate tax payments for any necessary adjustments which may need to be made a result of funds you receive under the Judgment of Divorce, or to reflect your new single status.

Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce. Contact Laurie at (616) 608-4634 for a confidential consultation.

Common Divorce Questions: I’ve Told My Spouse I Want A Divorce, Now What?

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Common Divorce Questions: I’ve Told My Spouse I Want A Divorce, Now What?

The first visit between a client and attorney will often begin with the client announcing, “I’ve told my spouse I want a divorce.  Now what?”  At Schmitt Law, PLLC, we first inform the client of their rights and responsibilities and then go over the most important aspects of how to proceed.

1) Filing the Complaint for Divorce

The first thing to consider is when to file the complaint for divorce petition and how it should be served on the non-filing spouse.  We encourage the client to respect their spouse, enough to tell them before they are served with divorce papers that, “I’ve retained an attorney and will be filing for divorce.”  Then, work out how to officially serve the spouse.

This will make the process smoother than if the first time the spouse hears about the divorce is from a process server.  If the spouse agrees to accept service voluntarily, we can even mail them the petition.

2) The Discovery List

We provide our clients with a list of documents we need to proceed with the divorce.  The more information the client can give us the easier it will be to proceed.  It is a comprehensive and extensive list and includes the need for all financial documents.  For example:

  • Tax returns.
  • Bank statements.
  • Financial documents showing retirement accounts, pensions, IRAs, 401(k)s, and similar accounts.
  • Deeds to real estate.
  • Financial documents from a business or professional practice.

It may take a while for client to pull these documents together.  If the client does not have access to these documents, then I get them from the other spouse or that spouse’s attorney.

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3) Choosing a Divorce Process

There are options for how the divorce process can proceed.  One choice is Collaborative Divorce.  We give our clients two copies of a flyer about Collaborative Divorce, one for the client and one for the spouse.  We also provide information about a website that has detailed information about how the collaborative process works and names of attorneys in their area who practice collaboratively.

If we decide to use the Collaborative Divorce process, then we do not file the petition until the attorneys are on board with the process.

After the other spouse has retained an attorney, we will talk over the phone about how to move forward.  If the collaborative process is not going to work, then we talk about the options of filing the petition.

Even if the parties decide against using the collaborative process, Kent County has made it mandatory that for the couple to go through mediation before they can get to a final hearing.

For more information, contact me, Laurie Schmitt, at Schmitt Law, PLLC.  I am an Attorney, Mediator, and Collaborative Divorce lawyer.