How do I request an extension of time from the court to serve a summons and complaint concerning a divorce?
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How do I request an extension of time from the court to serve a summons and complaint concerning a divorce?
I am filing for divorce and I need more time that the 91 days due to having to locate the absent party. I need the form to request the extension of time. In MI.
Asked on August 20, 2010 under Family Law, Michigan
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Michigan courts, like most state courts, are pretty much online now and offer divorce self-help documents and easy access to forms and brochures online. In Michigan, a summons to be served for divorce does indeed expire after 91 days but if the divorce court judge assigned to your case finds that the plaintiff (which would be you, the person filing or petitioning for divorce) showed due diligence in attempting to serve the original summons, the court can have an additional option for you. That option is allowing the extension of and basically allowing a second summons to be issued to expire no more than 1 year after the date the complaint was filed. If the court's website itself does not have a particular form, you may simply need to write a free form request and show proof of your due diligence, including any official searches done off line and online to locate this individual.
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