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

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


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

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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

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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 rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

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