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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112768
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have filed . My spouse has signed the Summons,

Customer Question

I have filed for divorce. My spouse has signed the Summons, but then refused to sign the JOD. I filed a motion for divorce and whet to the hearing today. My spouse's last known address is unknown and apparently has not changed his address with the courts. My spouse did not respond to the motion or show up for the hearing. I now need to fill out another form because he did not respond to the motion,
and return it to the court next week for a rescheduled hearing. What I need to know is what form is it that I need to fill out and where can I find it. I am filing in Macomb County, MI
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need a "Notice of Hearing" which would notify him of the time and date and place of the hearing (see: http://courts.mi.gov/Administration/SCAO/Forms/courtforms/domesticrelations/generalfoc/foc7.pdf). So you need to fill it out and you need to make sure he is properly served the notice.

If you cannot find his address, then you have to file a motion for service by publication/alternate service (See: http://courts.mi.gov/Administration/SCAO/Forms/courtforms/general/mc304.pdf). In the motion you state what you have done to find an address on your spouse to serve them and that you have exhausted all reasonable means to serve him the notice of the hearing and ask the court to allow alternative service by you publishing notice in the major newspaper in your area.

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