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Service of Process

A divorce in the state of Michigan is a lawsuit, not a shared activity.  At the start of any legal proceeding you are required to have the Defendant served with legal papers.  Clients often ask how their wife or children’s mother will be served with divorce or custody papers.  

First, it is important to note that you personally cannot serve your wife.  However, you can have your wife served in a number of other ways:

  1. By certified mail, return-receipt requested;
  2. By process server; or any competent adult over 18 who is willing and able to complete and sign a Proof of Service in front of a Notary Public;
  3. By mailing or handing the Complaint to your wife and having her sign an Acknowledgment of Service.  She should understand that simply signing the Acknowledgment does not mean that she agrees with anything in the paperwork—just that she is, in fact, in possession of it.
  4. In most counties, by having the papers sent to her attorney who will accept service on her behalf.

Should the process server be unable to locate your wife, or if she is evading service, there are options for alternate forms of service available.

As your divorce attorney, we will discuss these methods with you and help you determine the timing of and method by which your wife is served. 

About ADAM (American Divorce Association for Men)

The American Divorce Association for Men (ADAM) is a group of highly qualified attorneys who advocate for men’s rights in divorce, child custody and parenting time, paternity, support, property settlement, post judgment modifications, and other family law matters. Since 1988, ADAM has been aggressive, diligent, and uncompromising in fighting for the rights of every client. To request a free phone consultation, visit our site or call (248) 327-0050.

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