Divorce is one of life’s most unpleasant, frustrating, and stressful experiences. This is particularly true when the divorce involves complex legal concerns, such as custody fights, significant assets, and sometimes even domestic violence or abuse. Because of how important these issues are and how they could affect you financially and legally, your rights and interests must be protected.
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Learn more about Michigan law and attorneys.
Filing for a Divorce Case in Michigan
In Michigan, no proof of misconduct or wrongdoing is required to commence divorce proceedings. However, three legal conditions must be met before proceeding with the divorce. The requirements are as follows:
- Both people must have lived and been together in Michigan for at least six months.
- Filing for divorce should take place in the local county circuit court where both spouses stay.
- According to Michigan Divorce Statute 552.6, at least one spouse must testify that the marriage has been ruined to the extent where the objects of matrimony have broken and there is no reasonable possibility of saving the marriage.
When the initial divorce filings are completed, the summons and complaint will be served to the other spouse, as well as any other documents filed with the court during the initial filing. Getting “served” is the term used to describe this. The extent and gravity of the other spouse’s cooperation and if they have hired counsel will determine how they are served.
The Michigan Divorce Process
A “no-fault” divorce is legal in Michigan. This implies that no evidence of wrongdoing by one spouse is required to secure a divorce. A divorce is a unilateral decision, which means that if one spouse asks one, the court will issue it regardless of whether the other spouse objects.
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Find out if you are eligible to file for a divorce.
You must have lived in Michigan for at least 180 days and at least ten days in the county where the case will be filed.
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File a complaint
The divorce complaint is forwarded to the Family Division of the Circuit Court in the county where both parties reside, and a family court judge is chosen at random.
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Resolve the issue
The case is argued after the defendant responds to the complaint. Failure to respond will result in an uncontested divorce.
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Issue of a Temporary Order
The Temporary Order frequently prohibits the parties from hiding or selling assets and decides on custody, debts, parenting time, child support, alimony (if needed), and who gets the marital home.
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Beginning of the discovery phase
As soon as the case starts, the lawyers figure out which issues are likely to be contested and do research and discovery to find the facts they need.
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Start of the Negotiations
Following discovery, the lawyer will discuss the client’s objectives and start settlement negotiations. If a settlement is reached, the parties may sign an agreement.
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Mediation
Before or during the waiting period, the parties may voluntarily agree to mediation. Unless there’s a history of domestic violence, the court mandates mediation in every case. If the parties can’t agree, the court appoints a mediator.
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Showing up in court
Lawyers represent parties at motion hearings and settlement conferences. The judge can assign a motion to a referee, a court-employed lawyer who hears divorce cases. A referee’s decision can be contested within 21 days.
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A settlement conference will be scheduled
The court will also arrange a formal settlement, and both parties must attend. The lawyers may place the settlement terms “on the record” in court if they reach an agreement. Parties can’t change a settlement once it’s “on record.” However, a formal agreement “on the record” does not end a divorce. If attorneys and parties can’t address all issues during the settlement conference, the case will be tried.
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The Final Judgment of Divorce is Published
It makes decisions about child support, property division, spousal support, custody, and parenting time, among other things.
Seek the Advice of a Skilled and Knowledgeable Michigan Lawyer Today
Goldman and Associates Law Firm represents individuals as well as firms of all shapes and sizes. We are well-versed in Michigan’s contract law and can provide you with all the pertinent information to know what to expect at the beginning of a divorce. Call or schedule an appointment today to discuss your situation and learn how we can help you.