Michigan Info

Michigan Divorce Start Your Divorce Find Professionals Michigan Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Michigan Products Divorce by County

Michigan Articles

Agreements Custody & Visitation Collaborative Law Financial Planning Mediation SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Michigan Divorce Support Michigan Divorce Online

Michigan Divorce Process
Preparing the Divorce Papers

The spouse who files for divorce is called the plaintiff and this is the spouse that will complete the necessary documents for filing; the other spouse is called the defendant.

Read more about Michigan divorce forms


Filing the Paperwork with the Court

The plaintiff files for divorce in the circuit court in the county where either spouse lives, and the action begins when the plaintiff files a summons, complaint, and other required papers with the court. No appointment is required to file the paperwork - the papers can be filed during the court’s normal business hours. At the time of filing, the plaintiff pays a filing fee and an a judgment fee. If he or she cannot afford to pay the fees, the plaintiff can file for a fee waiver.

Read more about Michigan divorce facts


Serving the Documents

After the forms are filed, the plaintiff must “serve” (deliver) the divorce papers to the other spouse. A sheriff’s deputy can do this and so can another adult, who personally hands the papers to the defendant or mails the papers by registered or certified mail, with return receipt requested. Whoever serves the defendant must complete and sign a Proof of Service form and return it to the plaintiff, who must then file the completed Proof of Service form with the county clerk.

Additionally, if the defendant agrees beforehand, the plaintiff may be able to give the papers to him or her. However, the plaintiff should ask the court clerk if this is permitted, because in most cases then plaintiff cannot personally serve a defendant.

Read more about Michigan process service


Disclosing Financial Information

In Michigan, when married couples split up, a disclosure of each party's assets and liabilities aren’t always required. Still, an Affidavit of Financial Disclosure, or Financial Affidavit, is a good idea in many cases. The Financial Affidavit lists each person's assets, income, expenditures and liabilities. The court may use this document when determining which party will have child custody or pay child or spousal support.

The process of putting clear-cut financial information on paper may seem simple enough, but many divorcing couples soon find out that filling out a Financial Affidavit is more complicated than expected. Nonetheless, the form can be extremely important, especially in divorces involving considerable assets or heavy debt.

Uncontested vs. Contested Divorce

Children, child custody and support, marital property and whether either spouse may seek alimony – all may be considered in a divorce. A judge can decide all of these issues, if any of them are contested between the spouses, but the process is usually much quicker and will usually costs less in legal fees if the spouses can work these issues out themselves.

Mediation can be an ideal way for the spouses to resolve any disputes. A mediator works with both spouses to try to find solutions to the disagreements and reach an agreement that is fair and mutually acceptable. Even if the spouses don’t want to try mediation, the judge can order it.

If the spouses have children together, the case may be referred to the Friend of the Court (FOC), an evaluator or case worker who interviews the spouses and the children, relatives, teachers, or doctors.

The FOC assists the court with custody, parenting time (visitation), and child support issues by investigating and issuing recommendations, offering mediation services, and ensuring parents obey court orders.

The judge considers the FOC’s reports and recommendations and may give them great weight in making determinations. However, the court does not have to agree with the FOC and may reach a different decision on some or all of the issues regarding the children. If the spouses already agree, they may opt-out of the FOC services.

Finalizing the Divorce

The waiting period begins after the filing – two months for couples without children and six months for those with children. After that, the couples are divorced. If the spouses do not agree on everything, however, the divorce may take much longer.

Start Michigan Divorce Start Your Michigan Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Michigan Divorce Find Michigan Divorce Professionals in Your Area:
Join the Network
Michigan Divorce Products, Services and Solutions Michigan Divorce Products, Services and Solutions
Michigan Divorce Resources to Help You Through the Process.
Online Parenting Class Michigan Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Michigan Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
To file for a divorce in Michigan, the spouse filing the complaint for divorce or the responding spouse to that complaint must be a resident of Michigan for at least 180 days before the complaint is filed. Second, at least one of the separating spouses must have resided in the county where the complaint was filed for at least 10 days before the complaint is filed. If one or both of the residency requirements are not met, then the court does not have jurisdiction to hear and decide the divorce.

FEATURED TOOL - Online Divorce Calendar (an ideal way to keep all of your divorce related issues private and well organized)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"