Can I legally serve my wife divorce papers or do I have to have someone else serve her?

Asked over 2 years ago - Jackson, MI

I filed divorce and my spouse refuses to sign em because I am the one who served her, can she sign em?

Attorney answers (3)

  1. Henry S. Gornbein

    Pro

    Contributor Level 16

    4

    Lawyers agree

    1

    Answered . Hi, The answer is that if your wife is willing to sign the acknowledgement of service then it does not matter who hands her the papers. If she refuses to sign for the papers then you will have to have someone else besides yourself who is an adult serve her with the papers. I hope that answers your question. Good luck to you.

    Henry Gornbein

  2. Michael H. Cutler

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . The court rules do not recognize one party serving another with the summons and complaint, although that is a typical scenario in divorce cases because the spouse will deliver the documents to the attorney who will accept service.
    In your case have a 3rd party serve her and complete a proof of service form which must be filesd with the court

  3. Peter L. Conway

    Contributor Level 17

    2

    Lawyers agree

    Answered . As you can see from the other answers, a party may not serve.

    I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Signing divorce papers

Signing divorce papers is not a requirement for finalizing a divorce. However, an uncontested divorce requires a spouse to sign some papers.

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