The Divorce Process in Michigan.

A Step-by-Step Guide for Spouses in Michigan

The Divorce Process in Michigan

The Divorce Process is often an emotionally and legally complex process. If you are considering or currently going through a divorce in Michigan, understanding the steps involved can help reduce stress and set realistic expectations. This guide outlines the key stages of the divorce process.

1. Filing for Divorce

The first step in ending a marriage is filing a Summons and Complaint for Divorce with the court. This document, sometimes called a Complaint for Divorce, is the first initial pleading that formally notifies the court and your spouse that you are seeking a divorce.

• Residency Requirements: Most states require at least one spouse to have lived in the state for a certain period before filing and Michigan is no different. Our state requires that the filing party have resided in the state of Michigan for 180-days prior to filing the Summons and Complaint, and resided in the County that you’re filing in for 10-days prior to filing.

• Types of Divorce: Your state may allow for a no-fault divorce, meaning neither party has to prove wrongdoing, or a fault-based divorce, where specific grounds like adultery or abandonment must be established.

2. Serving Divorce Papers

Once the Complaint is filed, the next step is to serve the divorce papers to the other spouse. This must be done according to Michigan’s Court Rules, and is typically done through a process server, or through certified mail.

• If your spouse does not respond, you may be able to proceed with a default judgment.

• If they contest the divorce, the case may take longer to resolve.

3. Temporary Orders

During the divorce process, temporary court orders may be necessary to address immediate concerns, such as:

• Child Custody & Support: Establishing where children will live and how financial responsibilities will be handled.

• Spousal Support: Temporary financial support for a lower-earning spouse.

• Payment of Attorney Fees: Depending on your financial position versus your spouse’s, you may qualify for a Court Ordering your spouse to pay your attorney fees.

• Property & Debt Management: Determining who remains in the marital home and how expenses are divided.

These orders remain in place until a final divorce settlement is reached.

4. Financial Disclosures

Both spouses are typically required to provide full financial disclosure within 28-days of filing the Complaint for Divorce, including:

• Income statements (pay stubs, tax returns)

• Bank accounts, investments, and retirement accounts

• Debts and liabilities

  
  

• Property ownership and assets

Honest and complete disclosure is crucial for fair division of assets and determining support obligations.

5. Negotiation & Mediation

Many divorces are resolved through negotiation or mediation, rather than a court trial.

• Mediation: A neutral third party helps both spouses reach an agreement on key issues, reducing legal costs and time.

• Negotiation through Attorneys: If direct communication is challenging, attorneys can negotiate on behalf of their clients.

Depending on your particular Judge, Mediation is often required before a court will hear a contested divorce case.

6. Litigation & Trial

If the spouses cannot agree on key issues, the case may proceed to court, where a judge will make the final decisions.

• Both parties will present evidence and arguments on custody, support, and property division.

• A trial can be lengthy and expensive, so it is usually a last resort.

7. Finalizing the Divorce

Once all issues are resolved, either through settlement or a court decision, the divorce is finalized through a Judgment of Divorce.

• This legally ends the marriage and outlines custody arrangements, property division, and any support obligations.

• If one party fails to comply with the decree, the other can seek enforcement through the court.

Frequently Asked Questions (FAQ)

Q: How long does a divorce take in Michigan?

A: The timeline varies, but an uncontested divorce may take a few months, while a contested divorce can take up to a year.

Q: Can I file for divorce without an attorney?

A: Yes, but legal representation ensures your rights are protected, especially in cases involving children or significant assets.

Q: What if my spouse refuses to sign the divorce papers?

A: You can still proceed with the divorce through a default judgment if they fail to respond.

Next Steps: Contact a Family Law Attorney in Michigan

Understanding the divorce process can make navigating it less overwhelming. Every case is unique, and working with an experienced family law attorney can help protect your rights and achieve the best possible outcome.

If you have questions about divorce in Michigan, for a consultation. Our team is here to guide you through every step of the process and help you move forward.