Legal Question in Family Law in Michigan

Filing papers to a missing spouse
I am doing my own divorce. No children or property. Whereabouts of my spouse have been unknown for 5 years. Last I have been able to find out is that he was released from San Quentin prison on Sept. 7, 2004 and no one has seen or heard from him. Where do I obtain the papers to fill out that I have made a good faith effort to locate him, so that he can be 'served' by publication of a notice in a local newspaper. Would I go to the court house and ask for this form? Also do I put the ad in the local Michigan paper, which is where I have lived the last 5 years? Thank you

Asked on 12/03/04, 4:49 am

2 Answers from Attorneys

William Stern William Stern, P.C.

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Re: Filing papers to a missing spouse

You should first contact the Department of Corrections to see if they are keeping tabs on him. If so, they may be able to help you locate him. If they do not keep track of him, you have to file a motion with the court, before the summons expire (90 days in Michigan), requesting permission to allow service by substituted means, such as publication. You must state in the motion all steps that you have taken to find him. You must state that the method of service you are proposing is designed to give him actual notice of the proceedings against him and an opportunity to be heard. You probably should supply the judge with an order allowing substituted service outlining the method of service. This form is available in the law library. As you can see, it may be better for you to hire an inexpensive lawyer to take care of this. Bill Stern 248-353-9400

Answered on 12/03/04, 7:18 am

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