Service of process in Michgian Divorce

fyi-Service.

Service is as provided in the general rules for service, with a copy to the Friend of the Court if there are minor children, a party is pregnant, or support is requested.

Posted here by Flint Divorce Attorney Terry R. Bankert http://www.attorneybankert.com. Flint Divorce Lawyer Terry R. Bankert can be reached at 810-235-1970.

Michigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01 (last updated 01/20/2012).

If there is a nonresident defendant and jurisdiction is under the long-arm statute, service is made as on a resident defendant. If jurisdiction is acquired by personal service with an order for appearance and publication, specific proofs are required

Requirements for alternative service—
Requirements when a spouse is in the armed services—Ex parte orders; temporary restraining orders.

The court must be satisfied by specific facts set forth in an affidavit or verified pleading that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.
Orders are effective upon entry but may not be enforced until the other party is served with notice.
Ex parte orders for child support, custody, or parenting time must include the notice in MCR 3.207(B)(5).

Temporary restraining orders.

Requirements for granting a temporary restraining order (TRO):
It clearly appears from specific facts shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.
The applicant’s attorney certifies in writing any efforts to give notice and why notice should not be required.

A permanent record is made of nonwritten evidence, arguments, or representations supporting the application.

The order must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.
Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.

For personal protection orders,
and Mary M. Lovik, Domestic Violence Benchbook: A Guide to Civil and Criminal Proceedings (3d ed MJI 2004).

Temporary orders.

May be entered at any time on the filing of a verified motion, after a hearing.
Must state effective date and whether it may be modified retroactively. The order remains in effect until modified or a final judgment or order is entered.

Barry County

Barry County
http://www.barrycounty.org/
2Area: 556 smEst: 1829Pop: 56,755Pop/sm: 102.1Seat: Hastings20 W State StHastings, MI 49058(269) 948-4810

Terry R. Bankert P.C.

http://attorneybankert.com/