It may seem strange that anyone would be unable to locate their spouse in order to serve them with divorce papers, but it has been known to happen. Whether your spouse abandoned you or you have separated and lived apart for a long time, it is easy to lose track of someone as the years pass, as people move house and get new jobs. If your spouse is missing but you want to file for divorce, you may be unsure about your legal rights and options. For more information and skilled legal advice, reach out to an experienced Farmington Hills divorce lawyer today.
How Do I Initiate the Divorce Process in MI?
When you want to get divorced in Michigan, you are first required to file the Complaint for Divorce and summons with the court. It is imperative that you file all required paperwork to ensure a smooth process without delays and errors.
Your next step is to serve your spouse with these papers to inform them of your intent to divorce and give them an opportunity to respond. A spouse who has been served has 21 days from the date they received the divorce papers to issue a formal response, or 28 days if they were served by mail or out of the state. Your spouse has the right to be informed of the divorce case, but what if you can’t locate them?
Can I Get a Divorce in MI if My Spouse is Missing?
While you generally are required to inform your spouse of your intent to divorce by serving them with papers, there is a way to proceed without their knowledge or consent. Under Michigan law, you are expected to make a significant effort to find and notify your spouse in good faith. If you have put in diligent effort but cannot locate your spouse, you can file a Motion and Verification for Alternate Service.
This form details your spouse’s last known home address and/or employment, and outlines the various ways you have attempted to make contact and serve the divorce papers. It acts as a request to serve the papers in an alternate form, generally, publication.
If the court approves your request, it will allow you to publish notice of your intention to file for divorce in the newspaper. This gives your spouse an opportunity to see the post or be notified about it from someone who knows them. You must publish your intent for a minimum of three weeks. However, if your spouse does not respond within the timeframe, the court has the authority to proceed with the case and grant you a default divorce.
Being unable to locate your spouse during a divorce can slow down the process, as you must prove that you genuinely attempted to find and inform them of your intention. However, the case can proceed with or without them, given that you made a concerted effort to track them down but were unsuccessful. For more information and legal advice, reach out to a skilled attorney today.