After you input required information, forms will be generated that you can use to move the process forward. This process works best if you are dealing with a simple and uncontested divorce. The more complicated your divorce is, the more you should take a hands-on approach. It is also possible to do some of the initial paperwork online by retaining the services of a private family law attorney or using one of several firms who specialize in automating the divorce process.
You can engage both of these entities online, or by trading emails to complete much of the documentation. This can save time and money, especially when both parties are in agreement about the terms of a divorce. However, once paperwork is completed, regardless of how it is completed, you must still file the documentation in person at the courthouse in the county where you live. The paperwork will then need to be filed in person with your spouse according to the procedures laid out by the county where you live.
An uncontested divorce in Michigan can be granted in Michigan in as little as 60 days if no children are involved. When children are a part of the proceedings, a divorce cannot be granted until a minimum six months have passed. Keep in mind that there are often delays due to forms being filed the wrong way or if there are disagreements regarding any part of the divorce process. Sixty days and six months are best-case scenario minimums but are rarely the case. You must also make sure you meet the residency requirement for a Michigan divorce.
You must be a resident of the state for at least days immediately prior to filing. You also have to be a resident in the county where you file for at least 10 days prior to filing as well.
How to file for Divorce - Overview
Contested divorces or divorces where negotiations must take place regarding custody, alimony, child support and a division of assets will increase the time frame that it takes to reach a settlement. It is not uncommon for some high asset or hotly contested divorces to take as much as one to two years or more. Much of the duration depends on your personal circumstances. To file for a divorce in Michigan, one spouse needs to have been a resident of the state for at least days immediately prior to filing.
In addition, the person who files must also have been a resident in the county where they filed for at least 10 days immediately prior to filing. It is possible to get a divorce in Michigan without using a lawyer as long as you meet all requirements for an uncontested divorce. You and your spouse must agree on all parts of the settlement, including asset division, alimony, child custody and support and all other related matters.
Learn about the uncontested divorce process in Michigan.
In addition, you must also meet the residency requirement of living in the state for six months prior to filing and in the county where you are filing for a minimum of 10 days. Michigan offers Do-It Yourself toolkits based on different divorce scenarios that will walk you through all the steps required to complete a divorce on your own.
Another way to avoid using a lawyer while going through a divorce in Michigan is through the use of a mediator, as long as both you and your spouse agree on this option. Over the course of one or more sessions, a mediator will review financial documents, forms and worksheets as part of a discovery process and then guide you and your spouse through a series of discussions about the outstanding issues, attempting to peacefully resolve things such as child support and custody, alimony and a division of assets.
Once these issues are resolved, a mediator will draft a Memorandum of Understanding and you will file this document with the court as part of your divorce process. Going this route saves time, money and stress in most cases.
- Do-It-Yourself Divorce?
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You can get a divorce while pregnant in Michigan, but you will need to declare who the father of the child is at the divorce hearing. If a baby is born while you are still legally married to your husband, he will be considered the father by law. To relieve a husband of his legal and financial responsibility to the child, a mother will have to petition the court to establish legal paternity. If you or your spouse are a member of the military and want to get a divorce in Michigan, you or your spouse must have legal residency in the state or you or your spouse must be stationed in Michigan.
The grounds for a military divorce are the same as they are for a civilian divorce and only irreconcilable differences must be cited.
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If you have no minor children, you should file a Summons and Complaint for Divorce in the appropriate circuit court. Forms are available online if preferred.
How to File For a Divorce in Michigan
You will need to file the following forms at the same time:. Michigan divorce law provides an exception to the ten-day residency requirement and allows plaintiffs to file in any county so long as all of the following conditions are true:. You must be able to prove to the judge that a flight risk exists in order to receive a waiver for the ten-day residency period. Other costs may vary, including having papers served on your spouse, paying fees for services such as mediation, and fees for filing motions.
If you receive public assistance or are low-income, you may be eligible to waive fees and other costs. If you believe that you are eligible, fill out a fee waiver and present it to the clerk. The form can be found at the courthouse as well as online. The waiting period for Michigan divorces with children may be reduced to as little as 60 days if you can prove hardship and if the judge agrees.
Family Law Attorney Warren MI - FasTrack Divorce
If you and your spouse are able to agree on major issues, then your divorce is considered uncontested and you may be able to handle it without help from a lawyer. Major issues include the following:. In Michigan, a couple without children can be divorced in as little as 60 days, but when children are involved, a divorce cannot be granted in less than six months.
In Michigan, the Office of the Friend of the Court assists the court in divorce cases when the parties have minor child ren , or they have one of more issues in dispute. The Friend of the Court does the following:. The easiest and simplest route to divorce is a Consent Divorce. In this routine, the couple 1 must meet the Michigan residency requirements, and 2 agree a to sign any necessary papers and attend any required hearings, b about the division and distribution of all property, c spousal support either no support or support, how much and for how long and d child custody and support which parent and how much.
The Defendant may appear if he or she wants to. It includes statistical information about both parties, identifies the grounds, identifies minor children, establishes whether or not property is to be divided, whether support is sought. The Verified Statement and Application is used by the Friend of the Court in collecting, recording and enforcing child support. It includes the details of child custody, child support, heath care insurance and expenses, child visitation, the division of assets and liabilities, alimony as well as any provisions that are unique to the couple.
This affidavit must be completed if there are minor children. Some couples end marriages by way of a uncontested divorce. An uncontested divorce happens when 1 the Defendant simply ignores the action and does not file an Answer or 2 when he or she cannot or will not be located.
Both situations then resolve themselves by default. In an uncontested divorce, the Plaintiff must complete all of the forms filed in a Consent Divorce. In addition, however, he or she must file these forms:.
Divorce Process
The Summons puts the Defendant on record as being informed of his or her rights. The Summons and a copy of the Complaint are served on the Defendant, who accepts them.
The person serving -- a sheriff, deputy or process server -- returns the Proof of Service form, which becomes part of the record of the case.