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In just about every divorce case one side wants to get divorced more than the other.  In some cases one spouse really wants a divorce and the other side really does not want a divorce to the point where they are ignoring it or avoiding it even after you have filed for divorce.  This blog is written to generally address what to do if you want a divorce (and may have even filed for divorce) but your spouse refuses to acknowledge it or participate in the divorce.  If you have questions regarding your own situation, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

How Do I Get Divorced In Michigan If My Spouse Is Refusing To Participate?

When a spouse refuses to acknowledge that the other spouse wants or needs a divorce, it can lead to a variety of issues.  This blog is written more to address what to do if you file for divorce but the other side is refusing to accept being served with the divorce papers, avoiding being served with divorce papers or you do not know their actual address or whereabouts.  This is important because the court will dismiss the divorce case if you do not accomplish serving your spouse and filing the proper documentation with the court verifying the same within the required time limit.

If your spouse is refusing to accept service or is avoiding being served, then you will have to make three reasonable attempts to serve your spouse.  If you are not able to do so after three attempts, you will have to file a motion verifying that you have made these attempts and the respondent spouse cannot be served by the conventional methods.  In the motion you will request that the judge allow you to serve your spouse through alternate means.  In most cases the judge will be willing to grant an order for alternate service and will order that service by mailing to the last known address, e-mailing to the most recent known email address and publication of notice in the local legal news. 

To file by publication, you will have to contact the local legal newspaper for the county in which the case was filed and pay for the publication of the notice.  The newspaper will then provide you with an affidavit verifying that it has published the notification.  Finally, you will have to file your own affidavit or sworn proof that you mailed and e-mailed the documents to your spouse along with the affidavit from the newspaper.  That will complete the service of process and allow the case to proceed whether or not your spouse ever appears in court or participates in the proceedings. 

If you do not know your spouse's current address or whereabouts, then you will have to file a motion explaining this to the judge.  Again in most cases, the court will order alternative service by mailing, e-mailing and publication.  You will then take the same steps as indicated above to complete service or process.  

This blog was written to very generally address how to proceed with a divorce where one party is refusing to acknowledge that the other spouse has filed for divorce and/or will not accept being served with the documents.  If you have specific questions regarding your own situation, please click on this link or call (348) 609-4123 to schedule a consultation.