MICHIGAN DIVORCE

Requirements for filing for divorce in Michigan

• Residency. There is a residency requirements that one must meet before they can file for divorce in Michigan.
  • Before filing for divorce in Michigan, you or your spouse must be a resident of the State of Michigan for at least 180 days.
  • Before filing 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.
  • 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.
  • There may also be an exception if one is out of the state on a temporary job assignment.
• Children’s Residency Requirement. ALSO, If you have a minor child you must also meet the requirements of the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA).
  • The UCCJEA generally requires that the minor child must have resided in Michigan for at least six months before you can file in Michigan.  However, there are some exceptions to that generalization.
  • Please see our UCCJEA page for more information.

MY SPOUSE WON’T SIGN

“My spouse will not sign the divorce papers.”   We hear it all the time.  You don’t necessarily need their signature.  It is possible to get a divorce without your spouse signing anything.

• 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 usually enter a Default Judgment of Divorce without that party ever participating in the divorce case.

Michigan divorce case starts when filed

• A Michigan divorce case begins with the filing of a Summons and Complaint for Divorce.
  • 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 a $25 efile fee.
  • There is 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 in 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 financial 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.
  • If an ex parte order is not entered at the time of filing, you can always file a motion with the Court to request entry of an order.

Next, the other side is served

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,
• certified mail/restricted delivery, or
• having the Defendant sign an acknowledgement of service

Then the Other Side should respond

• Once the Defendant has been served, he/she must timely file an Answer to the Complaint:
  • 21 days if the Defendant was personally served or
  • 28 days if the Defendant was served by certified mail or out of state
• 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.

Michigan Divorce Waiting Period

• You cannot get a “quick divorce” in Michigan because we have mandatory waiting periods.
• Divorce Waiting Period with No Children. 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.
• Divorce Waiting Period with Children. 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.

Discovery

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.

• Informal Meeting. 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. 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 generally scheduled for binding arbitration or trial.

See our Mediation page for more information.

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.

Entry of a Michigan Judgment of Divorce

• 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 decades 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.

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.