Remember to serve your spouse a copy of the petition when you file it, since they’ll need to reply to it. What if when I filed, my spouse does not comply or attend hearings? Go online or visit your county clerk's office to get the forms you'll need, like the petition for divorce and summons. Each court has a “friend of the court,” which is a person who is trained to help parties come to agreements related to domestic relations. If you rush through the papers and make mistakes, your divorce could be delayed. Why do I have to wait 6 months before my divorce is finalized? If either party asks the court for a divorce, the judge will deny your request for separate maintenance and continue with the divorce process. For more information on going to court, watch the video provided by Michigan Legal Aid at. who was at fault in the ending of the marriage. The residency requirements of Michigan dictate that: At least one of the spouses must have lived in Michigan for at least 6 months The person seeking the divorce (the plaintiff) must file in the county in which he/she, or his/her spouse (the defendant), has lived in for the last 10 days. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. In Michigan, either spouse can say there has been a breakdown of the marriage and no reasonable likelihood that the marriage can be saved. If, by the time you attend the conference, you and your spouse have worked out most of your issues, the judge may set a date for your final hearing. Avvo has 97% of all lawyers in the US. This article will explain uncontested divorces in Michigan. Pay attention to the rules and be cautious, because there are very strict rules governing what is and what isn’t proper service. Of course they can. Hi, You definitely do not have to retain an attorney to get a divorce in Michigan. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. You or your spouse must have lived in Michigan for at least 180 days before you file the divorce papers. File a Petition for Separate Maintenance at the District Court Clerk's office in the county where you live. Do-It-Yourself Divorce Use this tool to prepare the forms to file for divorce in Michigan. Attorney Quick Links. To begin the process for an answer, visit. Once the defendant’s time to respond to the divorce petition has expired, the plaintiff can schedule a final hearing. In almost every state of the country, this is the cost of filing for divorce. if you cannot afford to pay the fees, visit the "fee waiver" section of the website at. You should also bring all of your divorce documents to the hearing. Michigan is a no fault state as far as that having an impact on the divorce itself. (M.C.L.A. The “answer” is filled out using the interactive interview program discussed above. If you and your spouse are still unable to agree on the terms of the divorce, the judge may send you to mediation or to meet with the friend of the court again. It’s not illegal to have an extramarital affair. During the meeting, you can ask questions about your case and situation, and gage whether you get along with the attorney. To see samples of parenting plans, look at the Michigan resources that are available at. While it’s not usually necessary to hire an accountant prior to filing for divorce, it’s a good idea to put together a simple balance sheet showing all of your assets and debts. The state of Michigan permits divorcing couples to file the necessary court paperwork themselves without legal assistance. If you file your paperwork in the wrong place, your case could be tossed out or transferred and you might have to start over. Filing for divorce in Saginaw County, neither spouse has to prove the other party's misconduct. If you do not have an attorney, you and your spouse will be responsible for filing all of your paperwork, and will each talk to the judge without getting any help preparing. You must attend mediation meetings so they can write recommendations to the judge pertaining to child support, alimony, custody and/or parenting time. If your spouse won’t sign the divorce settlement paperwork, he or she may file an answer to your divorce complaint. the spouse’s standard of living during the marriage. A do it yourself divorce in MI involves a ‘divorce petition,’ which can be obtained at a legal aid service. In fact, you can even give mediation a try if you’re having trouble working out an agreement with your spouse. If you live in Michigan, and you want to file for divorce, this is what you need to know about the steps to take. This is a cost-effective and easy option, particularly for amicable divorces whereby the parties are in agreement about child custody arrangements, spousal support and the division of property. A lesser known fact about divorce is that it’s possible, in Michigan, to have one in all but name. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. After you answer the questions, your finished forms and instructions will be ready to print. This article was co-authored by Clinton M. Sandvick, JD, PhD. In situations where the defendant agrees with everything you’ve put in the complaint, or you have a written settlement agreement, the defendant doesn’t have to file an answer at all. Find information and instructions on filing for divorce or legal separation to end your marriage or domestic partnership (or both), with a step-by-step guide to filling out and filing your papers in court. by having a process server personally serve your spouse. File your completed divorce paperwork with the court for approval. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. If you want to get a divorce and either you or your spouse lives in Michigan, you will be able to file without an attorney. If you don't have a lawyer, just leave the return address off the envelope. The attorney listings on this site are paid attorney advertising. The 6 month waiting period applies to those who have children together. Find the best ones near you. You or your spouse must have lived in Michigan for at least 180 days before you file the divorce papers. by having a friend or relative personally serve your spouse. Divorce in Michigan. There are 16 references cited in this article, which can be found at the bottom of the page. This article was co-authored by Clinton M. Sandvick, JD, PhD. Filing for Divorce in Michigan as Uncontested No-Fault, With or Without Children, Provides an Easy, DIY, Private, and Affordable Option Without the Expense of a Lawyer, Mediator, or MI Court Trial Litigation. If you can’t get a referral from anyone you know, check online websites like Find Law, Avvo, and Yahoo Local to find a qualified attorney. Remember that you must have lived in the county where you file for at least 10 days before you file. How can I send my husband paperwork for a divorce if I don't want him to know my present address? The spouse intending to file for divorce, known as the Petitioner or Plaintiff, must fill it out. How to File for Divorce in Michigan Step 1 - Download divorce papers for Michigan using one of the buttons above. There are two forms: Divorce with Minor Children Worksheet (DM Worksheet) and Divorce without Minor Children Worksheet (DO Worksheet). § 552.9 (2020). Even if you and your spouse are in complete agreement about the divorce, the final hearing won’t occur until the waiting period has ended. Following the filing, you need to serve the papers on the "defendant" (the other spouse) by having them delivered. To file for divorce without an attorney, talk it through with your spouse beforehand, if you can, to divide up assets and debts and discuss custody of children, if you have any. If you can’t afford to pay the filing fee, don't worry. Alternatively, use Law Help Interactive, which is a website that will fill out the forms for you. This petition asks the court to divide your property and debts and issue orders for child custody, child support and spousal support. Find out who they hired and if they would recommend the attorney. Before you can file for divorce in Michigan, you must meet the state’s residency requirements. Can I file for a divorce without a lawyer in Michigan? You must add an addendum to your petition for divorce, on the judgement day it should be granted. wikiHow is where trusted research and expert knowledge come together. Filing for divorce in Michigan without a lawyer Decided to file for an uncontested dissolution without attorney’s help but don’t know where to start? Clinton M. Sandvick worked as a civil litigator in California for over 7 years. The child's attachment to his or her home, school and community. Fill out your Forms Follow these simple steps: Check if you meet the residency requirements of the state. Michigan is a no-fault divorce state, meaning that the Family Law does not provide fault-based grounds. Complete your online Michigan divorce papers without a lawyer. Michigan Divorce Book: A Guide to Doing an Uncontested Divorce Without an Attorney (With Minor Children) (Michigan Divorce Book with Minor Children) [Michael Maran] on Amazon.com. Access the forms you will need and resources where you can get help. Get a referral from a friend or family member who has used a divorce lawyer before. To create an account, visit their website at. File for a divorce without an attorney in the State of Michigan. Michigan Divorce Book: A Guide to Doing an Uncontested Divorce Without an Attorney (With Minor Children) (Michigan Divorce Book with Minor Children) File them with the clerk and pay the filing fee. Therefore, if you or your current spouse is a resident of Michigan and has been for the past six months, you may file for divorce in Michigan. You may also be able to agree in that in front of the judge so long as both parties are present. Good luck to you. In order to file for divorce in Michigan, one of the parties must be a resident of the state for at least 180 days, and a resident of the county for at least 10 days. There are also a number of legal aid agencies that can help you build your case without hiring an attorney. If you and your spouse do not agree on how to separate your property, or if you have children and need to come up with a custody arrangement, you should hire an attorney to assist you. Have your divorce lawyer send the documents for you. Stat. This article has been viewed 188,716 times. Evidence of domestic violence against the child or against either parent. You can learn more about the divorce process on Michigan Courts Self-Help Center site. References. You will go to the LawHelp Interactive website to do this. By signing up you are agreeing to receive emails according to our privacy policy. In a Michigan divorce without minor children, the parties must wait 60 days from the date the Complaint was filed before the Judgment can be entered. Topics covered include: 1. You’ll need to file your case in the circuit courts which preside over all divorce matters. However, due to the stressful and complex nature of some divorce cases, having an attorney will increase your chances of being successful and getting what you want. A default judgment will be granted, and you will be given what you asked for in your paperwork. Even if you represent yourself my advice is that you talk to an attorney before you do anything to find out exactly what your legal rights are. The plaintiff must meet Michigan’s residency requirements (180 days in the state and 10 days in the county), and properly serve the other party under the service requirements in the Michigan Court Rules. An account, visit the `` defendant '' ( the other ’ deputy. 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