Are you seeking a divorce from a spouse that lives outside of Michigan? Our family lawyers can help!
So, you want a divorce and your spouse lives or has fled to another state, what should you do?
We see this a lot at Goldman & Associates, and it seems to be getting more prominent. While it���s not a typical scenario, there are ways of going about getting your divorce finalized even with your spouse in another state. To start, in order to get a divorce in the State of Michigan you must be a resident of the county in which you want to file for at least six months before filing. Next, a divorce complaint can be filed in the circuit court for the county you reside in.
Once a complaint is filed, you have ninety-one (91) days to serve the opposing spouse before the summons expires. When an opposing spouse lives out of state, this is where the trouble can begin. You may not know where the spouse is or you may, however, they avoid service in some type of fashion. There are several tactics that can be used in order to proceed with the divorce proceedings instead of voluntarily dismissing the case. One way of serving the individual is communicating with them in a professional manner in order to achieve compliance with established law. When a spouse is unwilling to cooperate, you may hire a process server near the last known address of the spouse.
What if the spouse is evading the process server or is impossible to locate? It���s important to inform the court of your attempts to serve the spouse with the summons and a copy of the complaint. At this point, all hope is not lost! Hiring an attorney is an important step in the process that should not be overlooked. By hiring an attorney they will be more apt in understanding the legal hurdles that face you through divorce.
How a Michigan Family Attorney Can Help
An attorney can file a motion for alternative service before your summons expires. This provides the out-of-state spouse notice of the divorce. The court will allow a publication to be filed in a public forum in order to give the spouse notice. After roughly three to four weeks the court will deem the out-of-state spouse notified of the divorce. Once the court has acknowledged this, your counsel can file a motion for default judgment in order to finalize your divorce. You default should be filed with the county in which you reside in order to put the world on notice of the divorce.
Most of the time both spouses are involved in the divorce process. When there are no assets or a spouse is not cooperating, an attorney can help resolve the situation in a proactive manner.
At Goldman & Associates, we understand the complexities involved with serving a spouse outside of Michigan. It���s important to hire a law firm that understands the pitfalls that can occur during the divorce process.
Call us today at (248) 590-6700 for a free consultation with one of our knowledgeable attorneys.