In this multi-part blog series “What are the steps of a divorce” we continue our journey into the divorce process.
You have now drafted all of the required divorce documents, filed them with the court, and paid your filing fee. Now, what’s next?
SERVICE OF THE DIVORCE DOCUMENTS
After the Verified Complaint for Divorce, Summons, and Record of Divorce has been filed with the clerk of the court, and the Summons has been issued, these documents must be served on your spouse. Service can be in person (voluntary or by a process server) or by mail.
- Your spouse must be served within 90 days from the date the Clerk of the Court issues the Summons: service may be accomplished either through a private process server, any third party over the age of 18, or via U. S. Mail (certified/return receipt – restricted delivery).
- After your spouse has been served, he or she will have 21 or 28 days to file an Answer (21 days if personally served and 28 days if served through U.S. mail)
AFFIDAVIT OF SERVICE
After your spouse has been served, you must prove to the court that your spouse has been served with the divorce documents. You “prove” to the court service has been completed by filing an Affidavit or Service with the clerk of court. The Affidavit of Service shows the court the name of the person who served your spouse, as well as the date, time, and location of service. If you have had a third party (friend or process server) serve your spouse, they must complete the Affidavit of Service (found on the second page of the Summons). If your spouse accepted service voluntarily, your spouse may complete the Acknowledgment of Service (found on the second page of the Summons), and then this must be filed with the court.
TIME LIMITS FOR DEFENDANT TO FILE AN ANSWER
After your spouse is served with the Summons, Verified Complaint for Divorce, and Record of Divorce your spouse will have:
- 21 days to file a written answer with the court – if served personally
- 28 days to file a written answer with the court – if they were served by mail or served outside of the state
DEFAULT
After the Verified Complaint for Divorce, Summons, and Record of Divorce are served on your spouse, they must file an answer with the clerk of the court within specific time limits. If your spouse fails to file an answer within the time allowed, a default must be filed and entered against them. After the default has been entered by the court, you can proceed with the divorce case, and request the court for a default judgment to be entered (after the required statutory wait period).
GET TO THE OTHER SIDE OF YOUR LEGAL JOURNEY WITH SCHMITT LAW, PLLC. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
At Schmitt Law, PLLC, we understand 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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.
To read Part I of this series please follow this link: https://laurieschmittlaw.com/what-are-the-steps-of-a-divorce-part-one/
