What happens if my wife won’t sign the divorce papresIserved herher?

I filed for a divorce already, but she won’t sign the papers. Should I have the sheriff serve her or is there an alternative?

Asked on September 15, 2011 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Let me clarify a few things.  You yourself served your wife or you had her served?  Parties to actions do not generally serve other parties to actions.  You need  to read the statute for service in your state but generally speaking anyone else can serve her as long as they do it legally (i.e., according to the law in your state). Sometimes people hire service s that do it professionally.  Once he is properly served then you probably have to file the affidavits of service.  Then you wait the statutory time for service of an answer and then when she does not file an answer, you can move for a default.  Please get some advice.  Good luck.


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