Overview of Divorce – Michigan Law
A complaint must be filed in the county where the parties live to begin a divorce proceeding. According to the law, you must have resided in Michigan for at least 180 days prior to filing the divorce case. Ten days before submitting, you must have resided in the county where you made the filing. A judge is given a divorce complaint at random by the court clerk. The first person to receive your document and enter it into the court system is the court clerk. In this system, you can’t pick your judge. A summons will be issued by the judge after receiving the complaint. Let���s take an overview of divorce in Michigan.
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An instruction to take action is contained in a summons. The summons will be given back to the parties. The parties who filed the complaint along with the divorce paperwork. The parties or their attorney will take the necessary steps to ensure that the other party receives a copy of the divorce papers. A bailiff or another person designated by court rules is used to serving the opposing party. The opposing party has 21 days to respond to the divorce papers once they are in their possession. They have 21 days to choose their own attorney to address the complaint. The case lifecycle begins when the court receives the response.
What are the requirements for divorce in Michigan?
Before Michigan courts will even consider if you are a Michigan resident, see whether you are married. There is no marriage to dissolve if you are not married. You are cohabiting if you share a home with a partner. You can also fall under the definition of common-law marriage.
Follow the rules on residency. Individuals who want to dissolve their marriage must first comply with the residency requirement. The following are the requirements for residency:
[ 1 ]�� You must have spent 180 days residing in this state. Ten days of your residence in the county before the complaint was filed.
[ 2 ]�� Submit the divorce complaint in the county where you reside.
It does not matter where the marriage was finalized. As long as one partner satisfies the above two requirements. The filing of the complaint is valid. It is irrelevant where the other spouse is now residing.
You have the following choices if you don’t satisfy at least one of the Michigan residence requirements:
[ a ]�� Provide proof you have spent the requisite number of days residing in Michigan. You don’t have to wait before starting the process of obtaining your paperwork.
[ b ]�� Let your spouse submit the paperwork. The residency criteria must be satisfied by your partner.
Choose another state if you or your spouse are qualified there. Always take the alternative into account for the jurisdiction where you got married. Each state is distinct. The 60-day waiting period is mandated by the court. This is for uncontested divorces without minor children.
If the divorce is granted before the sixty-day waiting period has passed, the court nullifies the divorce. The six-month waiting time is waived by the courts, but not the sixty-day term. There can be “severe hardship” or “such compelling need.” Such a scenario can “appeal to the conscience of the court.”�� It can lead to the six-month waiting period being extended. The court never shortens the waiting period to less than sixty days. The opposing party has a certain amount of time to respond once the complaint is filed.
People get a chance to collect their thoughts during the waiting period. A moment to consider divorce and its repercussions. A chance to mend fences for the benefit of the family. The latter 60 days of the 180-day waiting period are amenable to waiver by judges. Divorces involving young children fall under this category. An understanding between the parties is required. It presumes all issues are resolved. To protect the interests of young children, divorce can be accelerated.
How do you start the divorce process?
You are formally requesting a divorce by filing a complaint. The plaintiff in a divorce case is you. The accused is your spouse. A summons, a complaint, and other court documents are served by the plaintiff. The formal divorce proceeding starts. The courts provide a list of the documents you need to submit to begin your case. It will instruct you on how to file it and the next steps to keep the process going. Once your paperwork is filed, you must serve copies of it to your spouse. You can serve your spouse by having the documents delivered personally. You can mail them using certified or registered mail.
A defendant person in a criminal case is not the same as a defendant person in a divorce case. That doesn’t imply that you did something improper or that you are in trouble. That does not imply that your spouse will have the final say in all divorce-related matters. The filing simply implies your spouse initiated the divorce process. Your spouse did this by filing the initial paperwork.
How do you handle summons and responses?
You must promptly get a copy of the response from your spouse (the Defendant). Submit the response to the court. You or your attorney can submit the papers. Your spouse needs this to take part in the divorce proceedings. Your summons and divorce complaint was personally delivered to them. From the day they got them, they have 21 days to submit an answer. Those who were served via mail or outside of the state of Michigan have 28 days to prepare and serve a response. The Response deals with the sections of the divorce complaint. Your partner should list what is being agreed on and disagreed on. Your spouse provided answers to any or all the important divorce issues. Talked to your attorney.
Your spouse does not return a response to the divorce complaint. Have the court clerk sign a default request and entry form. Submit one and provide a copy to your spouse. Your spouse delays filing and serving an answer. You fail to send your default request and entry. Your divorce proceeding will be terminated. Your Default Request and Entry form is submitted. The divorce process moves forward.
Once you turn in the Default Request and Entry form and the clerk signs it, your spouse is “defaulted.” Your spouse won’t be permitted to take part in the divorce process. If they ask the court to overturn the default, they can start taking part in the divorce process again.
If your spouse defaults, ask the judge to enter a divorce decision with the conditions you want. Do this if your spouse doesn’t file a motion to reverse the default. Even if your spouse has not defaulted, the default will still happen. This does not necessarily guarantee that the judge will approve the proposed verdict. Your divorce must still be fair and compliant with the law. Equitable property division is required. When determining custody arrangements, the children’s best interests must always come first.
What is this waiting period?
There’s a six-month waiting period for divorce involving children. It’s a must and unavoidable before your divorce can be finalized. You go through this even if you and your partner are separated at the time you filed. The waiting time begins on the date you filed. It can take longer if you and your partner can’t agree on anything.
Convince the court the waiting period is unusually hard for you and your children. It will be difficult if you wait for 180 days to finalize the divorce. The court can reduce the waiting period for compelling factors you can cite. The court, however, is not permitted to reduce the waiting period below the mandatory 60 days. You can submit a motion to petition for a reduced waiting period.
Do you need mediation?
Divorcing couples can try mediation. It’s an option to take during the mandatory waiting period. A professional can help settle disputed subjects in your divorce case. Mediation can cover property-debt division and child custody.��
There are situations where mediation may not work. Any of the following situations can mediation inappropriate:
[ a ]�� A personal protection order or PPO is issued against and active for either party.
[ b ]�� The spouses’ children went through abuse or neglect.
[ c ]�� Domestic abuse is present in your marriage.
[ d ]�� One or both of you cannot speak for yourselves during the mediation process.
[ e ]�� The mediation process endangers either your health or safety or both of yours.
A mediator is an impartial professional trained to help you reach a compromise. There is a cost to mediation. A mediator can be a private practitioner or a member of the FOC.
Do you need arbitration?
There will be matters in the divorce process you and your spouse cannot agree on. It’s inevitable, especially for a contentious divorce. You can move forward through arbitration. It is a sound legal option. Arbitration can take place if both parties consent to the process. The parties agree to abide by the arbitrator’s recommendation and decision. Parties pay for the cost of arbitration. The arbitrator’s ruling is enforceable. It has the same effect as a judge’s decision. The arbitrator is a neutral third party with experience rendering decisions. The arbitrator’s ruling becomes part of the verdict in a court case.
How does dismissal happen?
Couples can decide not to do the divorce at any point in the process including the filing of the complaint. File a case Dismissal Form if you filed a divorce complaint. You don’t need your spouse’s signature if your spouse didn’t respond to the complaint. You also don’t need your spouse’s signature if your spouse did not file any motion. If your spouse responded or has already filed a motion, you need both of your signatures.
What does finalizing a divorce mean?
The court can sign a draft of your divorce judgment after a default, an agreement, or a trial. The ruling can state what you and your ex-spouse must do to dissolve your marriage. Orders can include child support, spousal support, child custody, and parenting time. Orders can also include property and debt division.
Your divorce case can be finalized in any one of the following:
[ a ]�� The court will rule by default. Your spouse wasn’t submitting an answer or taking part in the case.��
[ b ]�� A negotiated judgment. A shared decision reached by you and your spouse.
[ c ]�� By mediated agreement. You talk with a mediator with your spouse to negotiate the arrangements.
[d]�� A jury trial in court. You and your spouse are unable to agree and the case is decided by a jury trial.
The Judge won’t sign your order until the FOC approval is recorded in the court’s files. The FOC checks if orders contain the information required by Michigan law. To make sure you haven’t left out any crucial details, FOC will check. Your parenting time provision is evaluated by the FOC for enforceability. Also, they certify that your child support agreement complies with all legal criteria.
Before they can be finalized and entered by the Court, any of the following must be examined and authorized by the Friend of the Court:
[ a ]�� Final Judgment of Divorce with Children.
[ b ]�� Final Child Custody Order.
[ c ]�� Final Uniform Child Support Order.
[ d ]�� Final Judgment of Divorce with Spousal Support.
[ e ]�� Final Uniform Spousal Support Order.
[ f ]�� Any order modifying child support, parenting time, or custody from a previous order.
[ g ]�� Motion and Order to Credit/Discharge Arrears Agreed Upon.
Copies of your proposed judgment or order must be given to the FOC. It should contain other important papers. It must be submitted to its office via mail, email, or personal delivery.�� The FOC approves the documents before the last hearing in any divorce case. FOC must approve it before the court issues the final orders.
Avoid mailing your original signed documents and your request to the FOC office. A single copy for FOC is enough. You’re not getting your original copies if you send them by mistake. Depending on the manner it was submitted, you can receive a written objection from the FOC. The objection can come via mail or email. The objection comes with instructions on how to correct the documents. Do the required correction and resubmit the documents. Do it within a reasonable time. The court can dismiss your case if they don’t get the documents on time.
What is a judgment of divorce?
A divorce decree, also known as a divorce judgment, is a legally binding court order. It serves as evidence that a couple has officially and legally divorced. A divorce order can be drafted for you by your divorce lawyer. This proposed decree includes details specific to your situation. This significant document is delivered to the court following a discussion or mediation. Once both parties have approved the settlement, the judge enters the decision and grants your divorce.
Following the divorce proceedings, the judge will issue a final order.�� The following problems are primarily addressed in the final order:
[ a ]�� Parenting time and custody of children
[ b ]�� Child support
[ c ]�� Property division
[ d ]�� Spousal support (alimony)
The court can make the ultimate judgment following a trial. A settlement agreement made by the spouses may be decided by the court. The final order will reflect the judge’s decisions if the divorce involved a trial. The judges’ decisions are supported by the attorneys’ arguments. The spouses agree on conditions. These conditions can be included in the final order in an amicably concluded divorce.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.