Divorce in Michigan – Michigan Law
In Michigan, you don’t need a good and very dramatic reason to get a divorce. You won’t get a reason from an attorney for getting or not getting a divorce. Michigan is a no-fault divorce state for some time now. To get you a divorce, Michigan does not need a valid reason, though.
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In a divorce in Michigan, there are three things to think about. One is the filing of divorce papers or divorce complaints. File it in the county in which either spouse resides. You must be a resident of the county at least ten days before the filing of the divorce complaint. Two is the timeline of the divorce. In filing for divorce, the court establishes a schedule. There is a 60-day waiting time before filing for divorce without children. A 6-month waiting period applies to divorces involving children. The timeline serves as a window for resolving marital conflicts. An opportunity for reconciling. Three is the divorce decree. It’s called the JOD, a judgment of divorce, a divorce order, or a divorce decree. Until a court signs an order or decree, you are not legally divorced.
Make sure you’ve tried everything. Make things right before filing for divorce. You might have second thoughts so try one last time. It can be difficult to withdraw your divorce complaint. More so if you have already served your spouse. Even if only one spouse wants to end the marriage, the court has the power to issue a divorce. Check to know if you still want to pursue marriage counseling before filing for divorce. You might yet be able to resolve the issues affecting your marriage.
How do you file for a divorce?
You called a divorce lawyer already. Divorce is a very personal decision that should not be taken lightly. Your lawyer is ill-equipped to tell you whether to dissolve your marriage. Or under what circumstances you ought to make such a decision.
Consider your residency first. For inhabitants of Michigan, a residency requirement is mandated by state law. You must have spent at least ten days residing in the county where you are filing for divorce before you can do so. You must have spent at least six months living in Michigan. “Residency requirements” refers to a set minimum period. It is the minimal amount of time a person needs to live in a state before submitting a divorce there. The requirement of residency must be backed up by facts. If you are unable to prove that, your divorce case may be rejected or dismissed. The domicile requirement is a more challenging one to meet. You must persuade the judge that you want to stay in the state after the divorce.
Your “domicile” is what the courts refer to as the location you regard as your permanent home. The location you want to return to. This is your destination of choice. A place you return to whether traveling for leisure or on an extended business trip.
An uncontested divorce.
Both parties to a divorce can agree on every aspect of their separation. They can apply for divorce jointly in Michigan. The petition is also known as “consent judgment”. If unsure, consult the court clerk, you’ll need to submit a:
[ 1 ]�� Petition (Consent Judgment)
[ 2 ]�� Domestic violence screening form
[ 3 ]�� Confidential Case Inventory. (Required if you have any other pending or resolved family division cases)
[ 4 ]�� Proposed Consent Judgment/Order.
The above papers in the list are the fundamental paperwork. Documents needed to begin a Michigan uncontested divorce. You will need to submit more papers if you have children.
You don’t have to formally serve your spouse with the divorce papers. You and your spouse filed for an uncontested divorce together. Just make sure you both have copies of everything you submitted to the court. Your spouse is not required to respond to the petition.
A contested divorce.
One spouse submits to the court a Complaint for Divorce and a Summons. A contested divorce begins. You can now “serve”�� or deliver copies of the documents to your spouse to notify them of the divorce. Within 90 days of submitting the complaint, you must serve the papers in Michigan. The simplest method of serving divorce papers. Get your spouse to consent to receive them from you. Get your spouse to sign the Acknowledgement of Service. Find and have it signed on the second page of the Summons. The original signed document should be filed with the clerk’s office.
Your spouse refuses to accept service. Make arrangements to have someone else give your spouse the divorce papers.�� Get an adult or someone not in any way a party to the divorce case. The documents can be handed over. It can be sent by certified or registered mail with a return receipt requested or by registered mail. The server must complete and sign a Proof of Service document. It’s also on the second page of the Summons. Provide the court Evidence of Service that has been signed and notarized.
What is the timeline of a divorce case?
What timelines are crucial for divorce? The normal divorce timeline in Michigan looks like this. Children can be involved in divorce cases. The court will consider a six-month timeframe. The court wants you to think things through in your divorce. Some matters you need to take up could have significant effects on the children. Of course, this schedule may be changed by the court.
When divorcing without children, the court will be more concerned with different things. Within 60 days, your divorce lawsuit can be concluded. The court will nonetheless adhere to the timeframes. The court will do so even if you’ve already sold off some of your assets.
There are deadlines, such as summonses we already mentioned. Summons must be served within 90 days. Without a legitimate summons, a divorce case cannot be initiated. If the original summons expires, the court must issue a fresh one. These deadlines must be satisfied for various divorce-related actions to move forward.
The 60-day timeline in a divorce.
If there are no children in the divorce, Michigan law stipulates a 60-day waiting period. If the divorce is finalized sooner than sixty days, the divorce is invalid. Under Michigan legislation, the six-month waiting period may be waived. The sixty-day cannot. The six-month waiting period may be increased in exceptional circumstances. It can be waived when a pressing need arises that “shall appeal to the conscience of the court.” But, it will never be shortened to less than sixty days.
After the complaint is filed, the opposing party has a set length of time to respond. Following the filing and service of the complaint and summons, the defendant has 21 days. It can be 28 days if served by mail or outside the state. These are the timelines to submit a response of admission or denial of each claim in the complaint.
Nearly half of your waiting period should have passed by the time you were given to answer. Once the required response has been given, the matter becomes contested. An order of default may be issued if the defendant doesn’t respond. The situation then moves forward to an uncontested divorce. A defendant who has defaulted can decide to retain legal counsel. The defendant can request the court’s intervention at any time up to the case’s conclusion. Factor in the time spent on important procedures like discovery and agreements. Take into account temporary orders issued before the initial court appearance. The initial steps of the divorce process can take up the entire 60-day waiting period.
The 6-month timeline in a divorce.
A six-month waiting period is mandated if there are young children in the divorce. There is a lot of pressure and tall expectations on the Michigan court system. They have to render decisions in divorce cases within a year of the filing date. There is a “normal” waiting period once the complaint is filed. The lawsuit officially starts after six months for a divorce including children. Most child custody disputes go on for longer than six months. Sometimes they are finished in less time than a year. The six-month waiting period has exclusions.
A judge can waive the six-month waiting period in divorce cases. But the judge cannot waive the sixty-day one. There are instances of “unusual hardship��� or of the circumstance of ���such compelling necessity as shall appeal to the conscience of the court.” The court in these circumstances can extend the six-month waiting period. It is within their discretion but never to fewer than sixty days. The majority of judges can waive the six-month waiting time. There must be a good reason for waiving the six-month. And, the parties inform the court that the case is a collaborative divorce.
You and your spouse can use the collaborative law process. You both appear in court and ask the judge to adopt the agreement you created together. Your anonymity is protected. This can assist you in avoiding the expense and unpredictability of a divorce trial.
What is the judgment of divorce?
A divorce decree, which is also known as a divorce judgment, is an official judicial decision. It shows that a marriage has been officially and legally dissolved. A divorce ruling will be written for you by your divorce lawyer in Michigan. This proposed decree contains information unique to your circumstance. The final version of this document is delivered to the court following a trial or mediation. The court enters a judgment. It awards your divorce after you and the other party have reached an agreement on a settlement.
The court issues a definitive judgment. You know this to be the divorce decree. It is released after the divorce proceedings are complete. The following specific decisions are included in the divorce decree:
[ a ] �� Spousal support. You know this as alimony.
[ b ]�� Custody of children and parenting time (or visitation).
[ c ]�� Child support
[ d ] �� Property division��
The judgment of divorce covers the division of funds and savings, pensions and 401(k)s. It includes debt and tangible and intangible assets. It covers parenting time and child support. The JOD even defines the allowed tax breaks and refunds. Of course, it includes spousal support. For these requirements to become an “Order of the Court,” the judge must sign the JOD.
Your judgment of divorce contains the final verdict in your divorce case. The Plaintiff must complete it. The judge must sign it before your divorce is considered official. It must include a list of all the terms of your divorce. The division of assets, liabilities, and spousal support should all be included. The ruling must cover child support, parenting time, and custody issues. It is particularly important if the divorce involves small children. Don’t forget to send any addenda to the judgment.
You and your husband came to an understanding about every facet of your divorce. Your decision-making should be consistent with that agreement. You must follow the judge’s instructions in every aspect of your decision. Besides this one, there may be more matters that you and your spouse have already agreed upon. The court considered several issues in your case. You and your husband were unable to agree. Your ex-spouse may have defaulted. The terms of the judgment would be dependent on what you, the plaintiff, are asking the court to impose.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.