What to do after getting a divorce summons and complaint. This is the way a case begins. A summons is given once a complaint is filed. After that, they are given to a person. You receive it from a bailiff. What happens after that? What steps to take after receiving a divorce complaint and summons in Michigan?
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Examine them. Study them. Don’t waste too much time trying to comprehend them. A lot of the legalese will terrify you rather than inform you. Are there dates that are drawing near? approaching deadlines in a hurry. It will specify when you’ll get in touch with legal counsel. Only 21 days will pass after you are served locally before responding. There are some commitments that could need to be fulfilled sooner. Missing deadlines could affect your rights. Your capacity to take part in the litigation can be constrained. Our preference at Goldman and Associates Law Firm is to view the documents. With the client, we discuss it. We explain to them what it entails and what must be done. EICs, or early intervention conferences, are held in some counties. Those are for clients and family law attorneys in Michigan. Following a brief introduction, the lawyers are dismissed. The client is then instructed on specific topics for an hour. This covers the Friend of the Court’s internal operations.
What are the divorce complaints and summons in Michigan?
The divorce process in Michigan can be summed up in 10 to 12 steps depending on the facts in your case. The process varies a bit across the counties of Oakland, Macomb, and Wayne. The divorce complaint is the first step.
The divorce complaint
A marriage has become so dysfunctional. It has lost all meaning and there is no realistic hope of mending it. A divorce case may be filed in a circuit court. The grounds for divorce must be stated in the complaint in specific legal terms. Either partner may initiate a divorce. The divorce petitioner is referred to as the plaintiff. The opposing spouse is referred to as the defendant. The defendant is not required to swear or confirm that their denial of the charge is true. The complaint typically includes the following information:
- The names of the parties to the divorce
- The date the complaint was filed
- The relief that the person is seeking (such as alimony, child support, and property division)
- The signature of the person who filed the complaint
- The Michigan court case number
In order to obtain a divorce in Michigan, you or your spouse must have been in the state for 180 days prior to filing the complaint, and at least one of you must have spent at least 10 days residing in the county where the complaint was filed. When your spouse was born in (or is a citizen of) another country and you have cause to suspect that your spouse may take your minor kid outside of the United States, there is a very specific exemption to the 10-day rule.
The summons
A summons is a formal document that a circuit court issues in Michigan. It is provided to the defendant by the attorney for the plaintiff. It lets the defendant know that a divorce lawsuit has been filed. The summons will include the following details:
- The case number in Michigan’s courts.
- Court’s name.
- Names of the divorcing parties.
- The date on which the summons was sent.
- Deadline for the other party to file a response.
- Type of litigation (divorce in this case).
- The person serving the summons and contact information.
The summons must be served by someone representing the plaintiff. These services can be provided by sheriffs and private process servers. A close friend or a member of the person’s family can also deliver the summons. The other party may receive the summons by mail. On occasion, it is impossible to personally assist them. Perhaps the other person’s address has changed. The address is not known now. The summons might need to be published in the county where the defendant resides.
What are the relevant schedules to watch out for?
Summons and other court documents are always issued with deadlines. A summons loses its validity 91 days after being issued. Summons and complaints should be served before the deadline. Or else, the divorce case will be dismissed without prejudice if the
The 60-day timeline
If there are no children involved in the divorce in Michigan, the waiting period is 60 days. A judgment issued in fewer than sixty days is most certainly void. Under Michigan law, a judge may waive the six-month waiting period, but not the sixty-day one. The six-month waiting period may be extended in circumstances of “exceptional hardship. There may be a compelling necessity to appeal to the conscience of the court.” It is ever less than sixty days. Nearly half of your waiting period should have passed by the time you are given a response. The case becomes contested as soon as the response is submitted. If the defendant does not file an answer, a default judgment may be rendered.
A default judgment is then granted in the case. Up until the case is concluded, a defaulted defendant may decide to keep legal counsel. The defendant will urge the court to reverse the default judgment. You can also factor in the amount of time spent on important procedures. These are processes like discovery, agreements, and the issuing of temporary orders. All that before the initial court appearance. The initial steps of the divorce process already take up the entire 60-day waiting period.
The 6-month timeline
There is often a six-month waiting period. This is most true with divorce cases involving minors. The Michigan court system is under a lot of pressure to decide divorce cases within a year of the filing date. There’s what we call a “normal” waiting period once the complaint is filed. This is when the lawsuit starts. This is six months for a divorce with minor children. The majority of child custody trials last longer than six months. They are sometimes concluded in less time than a year. There are exceptions to the six-month waiting period.
Michigan law permits courts to waive the six-month waiting period. They never do with the sixty-day one. The six-month waiting period may be shortened. It will never be less than sixty days in circumstances involving “unusual hardship or such compelling necessity as shall appeal to the conscience of the court.” The majority of judges will waive the six-month waiting time if there is a good reason. Also when they are informed that it is a collaborative divorce case.
You need to understand these timelines in a divorce case. In Michigan courts, these timelines are often non-negotiables. You will hear a lot about defaults when you do not exercise prudence and comply with deadlines. Ask your trusted Michigan divorce attorney about these deadlines and how to comply with them.
What is the Early Intervention Conference?
In Michigan, an Early Intervention Conference (EIC) is a required hearing. It takes place in divorce cases involving children under the age of 3. The purpose of the EIC is to ensure that the child’s needs are considered in the divorce proceedings. The EIC is usually held within 60 days of the filing of the divorce petition. The hearing is conducted by a Friend of the Court (FOC) referee. The following are required to attend an EIC:
- Parents or guardians of the child.
- The child’s service providers.
- Any other interested parties.
During the EIC, the parents or guardians will discuss the child’s needs with the FOC referee. The referee will also hear from the child’s service providers. It is ready to listen to any other interested parties. The goal of the EIC is to develop a plan for the child’s care. Outline a support that meets their individual needs.
Understand the child care plan
The plan developed at the EIC will be incorporated into the final divorce decree. The plan may include provisions for:
- Child custody
- Visitation
- Child support
- Health insurance
- Early intervention services
More about the EIC
The EIC is an important step in the divorce process for families with young children. It is an opportunity for the parents or guardians to get the information and support they need to ensure that their child’s needs are met. Here are some additional things to keep in mind about Early Intervention Conferences in Michigan divorce cases:
- The EIC is mandatory. If either parent fails to attend the hearing, the court may enter a default judgment against them.
- The EIC is confidential. The proceedings are not open to the public.
- The EIC is not a trial. The FOC referee is not making a decision about the divorce. Their role is to help the parents or guardians develop a plan for the child’s care and support.
A mandatory hearing with your designated Referee is called the Early Intervention Conference (or “EIC”). You must show up for your EIC as planned. You will have the chance to address any problems that could have arisen since your case was filed. You have the opportunity to ask any questions you may have now. These can be concerns that have been bothering you ever since you decided to get divorced.
How to serve your divorce papers?
You must serve your spouse with copies of your court documents if you file for divorce. You will initially serve your spouse with the following documents:
- The Complaint and Summons (also referred to as the “Summons”).
- Whatever other documents you submitted to start your divorce.
You cannot do the serving of the papers yourself
You can serve the original divorce papers in a number of ways. You cannot serve the papers yourself. You can request a friend or family member to serve the documents. You might decide to donate money to the police or sheriff’s office in your community. A process server is also present. The person delivering the papers must be older than 18 years old. The individual is ineligible to be a party in your lawsuit.
You can serve the original divorce papers in a number of ways. You cannot serve the papers yourself. You can request a friend or family member to serve the documents. You might decide to donate money to the police or sheriff’s office in your community. A process server is also present. The person delivering the papers must be older than 18 years old. The individual is ineligible to be a party in your lawsuit.
The server
The server must follow these instructions:
- Give your spouse a copy of the court documents in person, send them by mail (see the mailing guidelines below),
- One copy of the Summons form should have the Proof of Service filled out and signed (in front of a notary).
- Return the Proof of Service to you to file, or file it yourself.
A notary public is typically located at the court clerk’s office or a bank.
The rules for mailing
The papers can be sent by registered or certified mail, with service limited to your spouse, and with a request for a return receipt. Only if your spouse consents to receiving the papers and if you have a secure address where the return receipt can be addressed will this type of service be effective. Have a friend or family member visit the post office and pay to have the papers mailed to your spouse in this manner in order to serve the papers via mail. Your green card (the return receipt) will be in the mail as soon as the papers have been delivered. Verify that your partner has signed the green card. One copy of the Summons should be returned to you with the Proof of Service form filled out and signed (in front of a notary) by the person who mailed the documents. Add the proof of service’s signed return receipt.
I don’t know where my spouse is
You can request the judge’s approval to complete service in another manner if the server has attempted to serve your spouse multiple times without success or if, after diligent search attempts, you are unable to locate your spouse’s address. File a Motion and Verification for Alternate Service to accomplish this. An Order for Alternate Service will be signed by the judge if alternate service is permitted. After that, you can serve the papers according to the judge’s instructions. Consider hiring a lawyer to assist you with your divorce if you need to serve your spouse using an alternative method of service. You must receive proper service in order to obtain a divorce.
My spouse is in prison
Even if your partner is incarcerated, you still need to serve divorce papers on them. Most of the time, serving papers to an inmate is simple. To verify the incarceration and learn the other party’s prison identification number and location, contact the Department of Corrections. Send a copy of your complaint and any other documents you submitted to the prison by mail. Include the Proof of Service as well so that the server may complete it and return it to you. Send the documents by certified or registered mail with service limited to your spouse and a return receipt requested.
A prison employee can deliver the documents, and you will receive the completed Proof of Service form and return receipt (which resembles a green card). A litigation coordinator is present in most Michigan prisons to assist with this procedure. You can also request that the warden or prison administrator serve the papers by using the Personal Service on Prisoner and Affidavit form. Before submitting the completed Proof of Service to the court clerk’s office, attach the return receipt when you get it from the prison.
My spouse agreed to accept the serving of divorce papers
One copy of the summons can be given to the server with your spouse’s signature in the Acknowledgment of Service portion on the back if your spouse agrees to accept service of the documents. With this kind of service, only the Proof of Service’s Acknowledgment of Service section needs to be filled out. The rest of the Proof of Service form won’t need to be filled out by the server. The original form should be filed with the clerk’s office, and a copy should be made for your records.
Serving other documents
The only documents that need to be served by someone other than you are the Summons and the initial divorce papers. Following the initial service, you can serve your spouse with additional court documents. The remainder of the divorce papers may be served by:
- Sending a duplicate to the last known address of your spouse.
- Giving your spouse a copy in person.
- Leaving a copy at your spouse’s house with a resident adult
A Proof of Service stating which documents were served must be completed and signed by the person who serves the papers. File a Proof of Service with the circuit court clerk’s office each time you or another server completes one. Each Proof of Service should be copied for your records.
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