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MICHIGAN DIVORCE INFORMATION
As a Michigan divorce and family law office, practicing divorce and family law in Oakland, Macomb and Wayne County Michigan, we understand that you may have many questions regarding divorce in Michigan. This web page, drafted by a Michigan divorce attorney, provides you with some basic Michigan divorce advice and Michigan divorce help. Although every Michigan divorce case has different factors, procedurally most Michigan divorce cases follow the same general path.
The purpose of this web page is provide you with a general overview of Michigan divorce law and information regarding the Michigan divorce legal process, provided by Michigan divorce lawyers who represent either men or women.
REQUIREMENTS FOR FILING FOR DIVORCE IN MICHIGAN
There is are residency requirements that one must meet before they can file for divorce in Michigan.
- To file for divorce in Michigan, you or your spouse must be a resident of the State of Michigan for at least 180 days prior to filing a Complaint for Divorce.
- To file for divorce in Michigan, you or your spouse must also be a resident of the county where you intend to file for divorce for at least 10 days prior to filing the Complaint for Divorce.
- There are exceptions to this rule for members of the military who are on active duty. Please see our MICHIGAN MILITARY DIVORCE page for more information.
ALSO, If you have a minor child of the marriage, in Michigan you must also meet the requirements of the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)in order to file an action including the minor child(ren) here.
The UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) generally requires that the minor child(ren) must have resided in Michigan for at least six months before you can file an action regarding the minor child(ren) here. However, there are some exceptions to that generalization.
PLEASE SEE OUR UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) PAGE FOR MORE INFORMATION.
YOUR SPOUSE DOES NOT HAVE TO AGREE FOR YOU TO GET A DIVORCE IN MICHIGAN
Many people tell us, "My spouse will not sign the divorce papers." Indicating to us they believe that their spouse can prevent them from getting a divorce in Michigan. This is a common misconception.
A divorce in Michigan will be granted even if one of the parties does not want the divorce.
A divorce in Michigan can be granted even if your spouse never signs a thing.
If a party is properly served in a Divorce case a Michigan Judge can enter a Default Judgment of Divorce without that party ever participating in the divorce case.
YOU DO HAVE TO GO TO COURT TO GET A DIVORCE IN MICHIGAN
Many people ask us, "If we agree to everything, do we have to go to Court to get a Divorce in Michigan?" The answer is yes.
Even if you and your spouse agree to all of the terms of your divorce including custody, parenting time, child support, spousal support and property settlement, you must appear before a judge in Court to enter your Judgment of Divorce.
Before a divorce judgment is granted in Michigan, a Judge must "take the proofs" in open Court. "Taking the proofs" or "putting the proofs on the record" is where the party who filed the action (or the other party, if they filed a counter-claim) is asked certain questions that are required by statute as to jurisdiction, whether or not the Wife is pregnant and whether or not there has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed.
Either the Wife or the Husband (the Plaintiff or the Defendant if he/she filed a counter-claim) must appear before the Judge to tell the Judge that this breakdown exists.
However, many judges now allow parties to appear by phone for this purpose. Some Courts charge a fee for that service. Our office has had clients as far away as Japan, Germany, and Hawaii (among other locations) make their only court appearance by phone to put the "proofs on the record" and finalize their Consent Judgment of Divorce.
HOW A MICHIGAN DIVORCE CASE BEGINS
A Michigan divorce case begins with the filing of the Complaint for Divorce (“Complaint”) and a Michigan divorce requires a Summons (a form required by the State to start any civil action) also to be filed with the Court.
The party who files the Complaint is called the “Plaintiff”, the other party is called the “Defendant”. The current filing fee for Divorce in Michigan is $150.00, plus an additional fee of $80 if the parties have a minor child or children together.
Sometimes, the Plaintiff will also have ex parte (pronounced x-par-tay) orders entered by the Court along with the Complaint. An ex parte order is an order that is signed by the judge without a hearing, based upon the allegations made in a written document, in this case, the Complaint.
The types of ex parte orders that may be entered with a new divorce case relate to custody, child support, restraining orders on transferring of assets or interim orders keeping the status quo.
Since an ex parte order is entered by the Court without a hearing, the Defendant has an opportunity to object to the ex parte order within fourteen (14) days from receipt of the order. Keep in mind, if an ex parte order is not entered at the time of filing, or objections to an ex parte order are filed, one can always file a motion with the Court to request entry of an order.
HOW THE DEFENDANT IS SERVED IN A MICHIGAN DIVORCE
After the Complaint is filed with the Court, the Defendant must be served. The Defendant can be served by:
- having a process server serve the Defendant, or
- by certified mail/restricted delivery or
- having the Defendant acknowledge service by signing the back of the summons so that it can be filed with the Court.
THE NEXT STEP
Once the Defendant has been served, he/she has 21 days (if the Defendant was personally served) or 28 days (if the Defendant was served by certified mail) to file an Answer to the Complaint (“Answer”).
An Answer is a written pleading, filed with the Court and the Plaintiff’s attorney, which responds to each of the allegations made in the Complaint.
If the Defendant fails to timely file an Answer with the Court, the Plaintiff can ask that a “default” be entered. A default is where the Court allows a Judgment to be entered without the consent of the Defendant because the Defendant has failed to respond. If a default is entered, a case can proceed without the Defendant and a “Default Judgment of Divorce” that complies with all applicable statutes and court rules can be entered with the Court, which would end the case.
Unfortunately, most cases are not that simple. In most cases, the Defendant either files an answer or appears at a hearing in the case and the case proceeds with negotiation towards settling the case.
THE MANDATORY WAITING PERIOD IN MICHIGAN
You cannot get a "quick divorce" in Michigan because we have mandatory waiting periods.
In a divorce where the parties have no minor children together, a Judgment of Divorce cannot be entered until at least sixty (60) days has passed from the date that a Complaint was filed with the Court.
In a divorce where the parties have minor children together, a Court will require you to wait one hundred and eighty (180) days from the date of the filing of the Complaint before a Judgment of Divorce can be entered. In cases with minor children, if both parties agree, it may be possible to waive the last four (4) months of the 180 day waiting period. It is up to the Judge in each case to determine whether or not a portion of the waiting period will be waived. To waive a portion of the waiting period, the the Judge must find that it is in the best interests of the minor child(ren) that a portion of the waiting period should be waived.
If both parties agree to all the terms of the divorce, including custody, child support, spousal support and property division, a “Consent Judgment of Divorce” that complies with all applicable statutes and court rules can be entered with the Court when the proper waiting period has passed.
Again, unfortunately, most cases are more complicated than that. In most Michigan divorce cases, there are at least some contested issues. Contesting a divorce in Michigan involves mediation and possibly a trial.
If the parties do not agree as to the assets and debts of the marriage, or the values of the assets and debts, discovery will have to be done. Discovery is a process for obtaining information, by such means as interrogatories, depositions or subpoenas. The purpose of discovery is for each party to find out information about the other party. Once that information is obtained, the parties may then try to negotiate a settlement again.
DIVORCE MEDIATION IN MICHIGAN
If the Plaintiff and Defendant still disagree on how to settle their case, the Court will still encourage settlement and require that the parties attend mediation.
Sometimes, parties will try to settle a case without formal mediation, by having an informal meeting with just the parties and their attorneys. If this is not an option, then formal mediation is the next step. Formal mediation is a process where a neutral attorney is appointed to hear both sides of the story and recommend a resolution. Generally the Plaintiff’s attorney and the Defendant’s attorney agree upon who will be appointed to mediate the case. If the attorneys cannot agree upon a mediator, then the judge will appoint one.
Formal mediation can be costly. The Plaintiff and Defendant pay the mediator hourly for his/her time. In addition, the Plaintiff and the Defendant will be paying their own attorneys for their time to prepare for the mediation and attend the mediation. Preparing for the mediation includes drafting a “mediation summary”. Prior to attending mediation, each attorney submits a mediation summary to the mediator. The mediation summary provides the mediator with an outline of the case and that party’s version on how the case should be settled.
The mediator will read each party’s mediation summary and then the mediator will meet with the parties and their attorneys. The mediator will then attempt to encourage a resolution to the case. If a resolution cannot be made, the mediator will make a recommendation. If the parties do not agree to the recommendation then the matter is scheduled for binding arbitration or trial.
DIVORCE ARBITRATION IN MICHIGAN
Binding arbitration is somewhat similar to mediation that it doesn’t take place before a judge. In binding arbitration, the facts are presented by both sides before an independent fact finder, rather than before the judge. Just like mediation.
In binding arbitration however, the independent fact finder makes a final decision (award). Then the arbitration award is entered by the Court in the form of a Judgment of Divorce. Most arbitration awards are final cannot be appealed.
DIVORCE TRIAL IN MICHIGAN
Very few divorce cases in Michigan actually go to trial as most cases are settled at mediation. If a divorce in Michigan goes to trial, it may be very lengthy and costly. In a trial, all aspects of the case that are contested must be placed into evidence. Generally a trial consists of:
- Opening statements: The attorneys summarize for the court what the issues are and what they intend to prove. Sometimes these statements are waived.
- Plaintiff’s case: The Plaintiff presents evidence in support of their claims.
- Defendant’s case: The Defendant presents evidence in support of their claims.
- Closing arguments: The attorneys summarize for the court the evidence presented.
- The judge’s ruling. (Generally on a different day).
Once the judge provides his/her ruling it is then reduced to the form of a written Judgment and entered with the Court.
THE ENTRY OF A JUDGMENT OF DIVORCE IN MICHIGAN
Once the Judgment of Divorce is entered, it is final as to a property settlement unless it is appealed based on a procedural error or an error made by the Court.
After a Judgment of Divorce is entered, child support, parenting time and custody can be revisited by the circuit court if there is a change in circumstance.
Sometimes, after a Judgment of Divorce is entered, a party may have return to Court to enforce issues regarding the property settlement, custody, parenting time or child support payments.
LET US HELP YOU WITH YOUR MICHIGAN DIVORCE
Without question, divorce is a very serious matter that can have a lasting impact on you and your family – particularly when children are involved. In such a serious matter, it is critical that you retain the services of an experience Michigan divorce lawyer dedicated to protecting you and your future.
Our Michigan divorce and family law office understands that this is a frustrating and complicated time for you and your loved ones. Let us worry about your legal difficulties, so you can focus on your emotional recovery. We have years of experience helping people navigate the Michigan divorce process, and you can trust in us to help you get the best possible result in your case.
We provide Michigan divorce and family law legal advice and representation for divorce and all related issues, such as:
- Family Law
- Property Settlement
- Parenting Time
- Child Support
- Spousal Support
While we are committed to utilizing alternative dispute resolution methods, such as negotiation and mediation, at our office you will be represented by a skilled trial lawyer, more the capable of fighting for your rights in a court of law if a reasonable settlement is not forthcoming.
Our Michigan divorce and family law office provides highly personalized service, tailored to meet your short and long term goals. When you retain a Michigan divorce attorney at our Michigan divorce and family law office, you can rest assured that your calls will be returned promptly, and your Michigan divorce lawyer will keep you informed of the status of your matter.
The information contained on this page is not intended to be legal advice, and is only a brief overview of divorce law in Michigan provided by Michigan divorce attorneys. If you have any questions for divorce attorneys regarding your Michigan divorce matter, contact us today. Experienced Michigan divorce lawyers will discuss with you, your legal needs and provide you with information to protect you and your children for years to come.
There is no charge for your initial phone consultation with a Michigan divorce lawyer from our office.
Michigan Divorce Lawyers
Michigan Divorce Attorneys
Michigan Family Law Office
Representing divorce and family law clients
in Oakland, Wayne and Macomb Counties.
ATTORNEY ELLEN PAYNTER
West Bloomfield Main Office
Troy Satellite Office
Monday through Friday
****The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.****
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