What is an order of dismissal for non-service in a divorce
2 Answers | Asked in Divorce Law for Michigan on Feb 20, 2013.
Answered On Feb 22, 2013
A court speaks to the public through its orders. What an order of dismissal for non-service says to the public and to the parties to the law service is that the case was dismissed because one of the parties was not adequately 'served' or given 'notice' with the pleadings in order for him or her to adequately prepare a response. If someone is purposely trying to avoid service, you may have to re-file your complaint and apply for an alternate form of service. If I can be of any assistance, let me know.
Answered On Apr 4, 2013
An Order of Dismissal for non-service says that the person who filed for divorce (the "plaintiff") failed to serve the other spouse (the "defendant") with the Summons and Complaint and Complaint for Divorce before the Summons and Complaint expired. The expiration date of the Summons and Complaint is written (usually stamped) on the Summons and Complaint by the court clerk when the plaintiff files for divorce. The plaintiff is obligated to give the Summons and Complaint and Complaint for Divorce to the defendant and file proof with the court clerk before the Summons and Complaint expires.