How to Serve Divorce Papers

If you filed for divorce, you must have copies of your court papers served on (given to) your spouse. To learn more, watch the How to Serve Divorce or Custody Papers video.

What Papers Do I Have Served?

The first papers you will have served on your spouse are:

• The Summons and Complaint (usually just called the “Summons”)

• Any other papers you filed to begin your divorce

Warning! The Summons must be served on your spouse within 91 days, or your divorce case may be dismissed.

Can I Be the Server?

No. There are several ways you can have your initial divorce papers served, but you cannot be the one to serve the papers. You can ask a friend or relative to serve the papers, or you can pay your local sheriff’s department, police department, or a process server. Whoever serves the papers must be at least 18 years old and cannot be a party in your case.

What Does the Server Do?

The server must do the following things:

• Personally give your spouse a copy of your court papers or mail the papers (see the mailing rules below),

• Fill out and sign (in front of a notary) the Proof of Service on the back of one copy of the Summons form, AND

• File the Proof of Service or return it to you to file

A notary can usually be found at a bank or the court clerk's office. 

What Are the Rules for Mailing?

The server can mail the papers by registered or certified mail, with service restricted to your spouse and a return receipt requested. This type of service only works if your spouse accepts delivery of the papers and if you have a safe address where the return receipt can be mailed.

To serve the papers by mail, have a friend or relative go to the post office and pay to have the papers mailed to your spouse this way. Once the papers have been delivered, you will get a green card (the return receipt) in the mail. Make sure your spouse signed the green card. Have the person who mailed the papers fill out and sign (in front of a notary) the Proof of Service form on the back of one copy of the Summons and give it to you. Attach the signed return receipt to the Proof of Service.

Can My Spouse Agree to Accept Service of the Papers?

Yes. If your spouse agrees to accept service of the papers, your spouse can sign the Acknowledgment of Service section on the back of one copy of the Summons and give it to the server. With this type of service, only the Acknowledgment of Service portion of the Proof of Service needs to be filled out. The server will not need to fill out the rest of the Proof of Service. Make a copy of the form for your records, and file the original with the clerk's office.

What If I Don’t Know Where My Spouse Is?

If the server has tried to serve your spouse several times without success, or if you can't find out your spouse's address after making real efforts, you can ask the judge for permission to complete service another way. To do this, file a Motion and Verification for Alternate Service.

If the judge allows alternate service, the judge will sign an Order for Alternate Service. Then you can follow the judge’s directions for serving the papers.

If you need to serve your spouse by alternate service, consider hiring a lawyer to help you with your divorce. Proper service is absolutely necessary for you to get a divorce. You can use the Guide to Legal Help to get contact information for legal services or a lawyer referral service in your area.

How Do I Serve the Rest of the Papers I File?

Only the Summons and the other initial divorce papers must be served by someone other than you. After the initial service, you can serve other court papers on your spouse. You may serve the rest of the divorce papers by:

• Mailing a copy to your spouse’s last-known address,

• Handing a copy to your spouse in person, OR

• Leaving a copy at your spouse’s home with an adult who also lives there

Whoever serves the papers must fill out and sign a Proof of Service saying which papers were served. If you used our Do-It-Yourself Divorce tool to prepare your court forms, several blank Proof of Service forms were included.

During the COVID-19 emergency, certain court documents must be served electronically, either through e-filing (if available) or e-mail. This includes an Answer to a Complaint filed by the other party (and any other forms you file with the Answer), a motion, or a response to a motion. However, you cannot serve a Complaint or a Petition electronically (for example, a Complaint for Divorce). To find out if your court has e-filing for your case type, look at the E-Filing Courts in Michigan page on the Michigan One Court of Justice website.

Keep the following rules in mind when serving documents by e-mail:

• All documents must be in PDF format;

• The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;

• If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;

• Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.

What Do I Do with the Completed Proof of Service?

Each time you or another server fills out a Proof of Service, file it with the circuit court clerk’s office. Keep a copy of each Proof of Service for your records.

What If My Spouse Is in Prison?

If your spouse is in prison, you must still have them served with the divorce papers. Having papers served on an inmate is usually not hard. Call the Department of Corrections to confirm the incarceration and the other party's prison number and location. Then mail a copy of the complaint and other papers you filed to the prison. Also include the Proof of Service so the server can fill it out and send it back to you. Mail the papers by registered or certified mail, with service restricted to your spouse and a return receipt requested. 

A prison employee can serve the papers and send you back the completed Proof of Service form along with the return receipt (this looks like a green card). Most Michigan prisons have a litigation coordinator to help with this process. You can also use the Personal Service on Prisoner and Affidavit form to ask the warden or administrator of the prison to serve the papers.

When you receive the completed Proof of Service from the prison, attach the return receipt before filing it with the court clerk's office.