To serve divorce papers in Michigan, you deliver the filed Summons and a copy of the Complaint for Divorce to your spouse using one of three court-approved methods: personal delivery by an adult who is not you, registered or certified mail with restricted delivery, or a signed Acknowledgment of Service. Whichever route you take, service must be completed and documented before the Summons expires 91 days after issuance.1Michigan Judicial Institute. Summons Get this step wrong and your case can stall or be dismissed, so the details below matter.
File the Complaint and Summons First
Service can’t happen until you have a valid Summons in hand. You file the Complaint for Divorce with the circuit court clerk, and the clerk then signs and issues the Summons (SCAO form MC 01). The Summons is not valid until the clerk completes it. The filing fee for a new civil action in Michigan circuit court is $150.2Michigan Courts. Circuit Court Fee and Assessments Table
Once issued, the Summons is live for 91 days. If you can’t serve your spouse in that window despite genuine effort, you can ask the court to issue a second summons valid for up to one year.1Michigan Judicial Institute. Summons Both forms are available on the Michigan Courts website or at the clerk’s office.
Personal Service
Personal service is the method courts prefer. A legally competent adult, at least 18 years old and not a party to the case, physically hands the Summons and Complaint to your spouse.3Michigan Judicial Institute. Service of Process Table You cannot do it yourself. A friend, a relative over 18, a professional process server, or a county sheriff’s deputy can all handle it.
A sheriff’s deputy typically charges $26 plus mileage. Private process servers generally run $50 to $150, depending on the difficulty of locating your spouse and the number of attempts required. After personal service, your spouse has 21 days to file a written response with the court.4Michigan Courts. SCAO Form MC 01 – Summons
Service by Registered or Certified Mail
You can mail the Summons and Complaint using registered or certified mail with return receipt requested. Delivery must be restricted to the addressee, meaning only your spouse can sign for the envelope. Service is not complete until your spouse actually signs the return receipt card. If the envelope comes back unclaimed, or someone else signs, service has failed and you have to try another method.3Michigan Judicial Institute. Service of Process Table
Michigan court rules treat registered and certified mail as interchangeable. A spouse served by mail has 28 days to respond, seven more than under personal service.4Michigan Courts. SCAO Form MC 01 – Summons Keep the signed return receipt card. You’ll need to attach it to your Proof of Service.
Acknowledgment of Service
When your spouse is cooperative, service can be as simple as a signature. The MC 01 Summons form has an “Acknowledgment of Service” section your spouse can sign to confirm they received the documents.4Michigan Courts. SCAO Form MC 01 – Summons You file the signed acknowledgment with the court and service is done. It’s the fastest and cheapest option when both spouses are communicating.
If Your Spouse Lives Out of State
A spouse outside Michigan can be served the same two ways used inside the state: personal delivery or registered/certified mail. The response window stretches to 28 days regardless of method.4Michigan Courts. SCAO Form MC 01 – Summons
If your spouse lives in another country, the process is considerably more involved. When the country is a party to the Hague Service Convention, you must route your documents through that country’s designated Central Authority, which arranges delivery under its own local rules.5U.S. Department of State. Service of Process This often takes several months, and cutting corners can leave any eventual judgment unenforceable. For non-Hague countries, alternatives such as letters rogatory come into play, and an attorney should be involved.
If You Can’t Find Your Spouse
When your spouse’s whereabouts are unknown or they’re actively dodging service, you can ask a judge for permission to use an alternate method. You file a motion laying out the specific steps you already took: the addresses you tried, the dates, the relatives you contacted, the records you checked. Vague claims won’t cut it.
If the judge is satisfied you made a genuine effort, an order will specify how to serve the papers instead. That might mean leaving documents with a responsible person at your spouse’s last known address or workplace, posting them to a door, or another method the judge believes is reasonably likely to reach your spouse. Follow the order to the letter; any deviation can invalidate the service.
As a last resort, the court may authorize service by publication: running a notice in a qualifying newspaper once a week for three consecutive weeks. It’s expensive and slow, and courts only approve it when everything else has been exhausted. If your case gets this far, hiring an attorney is the sensible move.
If Your Spouse Is on Active Military Duty
An active-duty service member is served the same way as anyone else. The complications come after service, under the federal Servicemembers Civil Relief Act.
If your spouse doesn’t respond and you want a default judgment, you must first file an affidavit stating whether your spouse is in military service. If they are on active duty, the court cannot enter a default judgment without first appointing an attorney to protect their interests.6Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If you can’t determine their status, the court may require a bond before proceeding.
Your spouse can also request a stay of the proceedings. With a written explanation of how military duties prevent an appearance, plus a letter from their commanding officer, the court must grant a stay of at least 90 days, and additional stays are available if military obligations continue.7Office of the Law Revision Counsel. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice These protections cover any service member on active duty or within 90 days of discharge.
File the Proof of Service
Delivering the papers is only half the job. The court needs proof service happened. The MC 01 Summons form contains a “Certificate of Service / Nonservice” section where the person who delivered the papers records the date, time, location, and method of service.4Michigan Courts. SCAO Form MC 01 – Summons The server signs it under a declaration of truth subject to penalties of perjury. Notarization is not required.
If you served by mail, attach the signed return receipt card. Then file the completed original Summons with the clerk. Watch the 91-day clock: both service itself and the filing of the proof must occur before the Summons expires, or the case can be dismissed.1Michigan Judicial Institute. Summons
What Happens After Service
Once service is complete, your spouse’s response clock runs: 21 days for personal service inside Michigan, 28 days for service by mail or service outside the state. If they file an answer, the case moves into the normal divorce process. If the deadline passes with no answer, your spouse is in default, and you can file a Default Request and Entry to move toward a final hearing.
Either way, Michigan imposes a mandatory waiting period before any divorce can be finalized. Without minor children, the court cannot take testimony or enter a judgment until at least 60 days after the Complaint was filed. With children under 18, that period extends to six months.8Michigan Legislature. Michigan Compiled Laws MCL 552.9f These are minimums; contested cases regularly take longer. And if your spouse defaults, don’t sit on it. Courts can dismiss a case for lack of progress if you fail to move it forward.