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The complaint for divorce can be served on your spouse by any adult not a party to the action (you cannot serve your spouse), by personal service or registered mail.An affidavit of service must also be filed with the court.The plaintiff must meet Michigan’s residency requirements (180 days in the state and 10 days in the county), and properly serve the other party under the service requirements in the Michigan Court Rules.

It must be filed with the appropriate filing fee and a Summons.

However, fault can come into play when dividing marital property or when one party asks for spousal support or alimony.

Fault is just one of 14 factors a judge will look at when determining what is fair in the division of property and whether spousal support should be awarded.

If you cannot serve your spouse, you can ask for a continuance of the summons, up to one year.

You can also ask the judge for permission to use an alternate form of service by filing a motion before the summons expires.

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If the service member does consent to the filing of the divorce proceedings, they can submit an Affidavit of Waiver of SMSRA Rights to the court to allow the divorce to proceed.

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