See all formats and editions Hide other formats and editions. In some counties the court clerk’s office will make the copies for you. Step 17: Complete and file a new Proof of Service. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. This form will not be part of all cases. File the Proof of Service with the court clerk’s office and keep the copy for yourself. This divorce book was really helpful. Information about prior court cases, including prior divorces, paternity, personal prote… This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. Non-custodial parents are obligated to pay child support until the child turns 18, or 19.5 if the child remains in high school. ), Step 2: Get your court fees waived (if you qualify). For more detailed instructions about going to court, watch the Going to Court video. A child whose parents have joint custody has two legal residences: the address where each parent lived when the custody proceedings began. Bring this document with you to the hearing. After you sign your documents, make copies as follows. No. If you want to file for divorce, use the Forms link to prepare your forms. How long does it take to get divorced in Michigan? Michigan Family Law Office offering PAYMENT PLANS including credit cards and a FREE Consultation, servicing Oakland, Macomb, & Wayne Counties. If the judge asks you to read your own testimony (or proofs) into the record, use the “Testimony in Final Divorce Hearing” form to do so. Make a copy of the Judgment of Divorce for your spouse, and write “Proposed” above the title. How to File for Divorce in Michigan, with or without children, utilizing online Michigan divorce papers, printable marital settlement agreement forms, downloadable sample legal documents, MI divorce laws, and professional advice. Step 16: Serve the Judgment of Divorce on your spouse. The only reason for divorce in Michigan is that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” Easy divorce in Michigan with child: is it possible? You Don't Have to “Prove” Anything to Get a Divorce. Use the username and password that you created when you used the Do-It-Yourself Divorce tool. If you are asking for spousal support in your complaint for divorce, you must make a third copy of each of the documents for the Friend of the Court. Record of Divorce or Annulment (In some counties this will be filed at the end of the case. Michigan Legal HelpHelping Michigan residents solve their legal problems. If your spouse does not file an answer, you must enter a default or the court may dismiss your case for lack of progress. Once divorce is eminent, there’s one requirement in the state of Michigan that needs to be met before filing. Please be aware that some steps will vary from county to county. Use the Do-It-Yourself Divorce tool to prepare the forms that you need. If you are filing for divorce without children, the case code used in Michigan is DO. The Michigan Supreme Court is providing the information on this site as a public service. The Do-It-Yourself Divorce tool prepared two different Notice of Hearing and Motion forms. Review the script, complete the blank spaces, and update information as needed. Take the copies with you. . The procedures for division of property, child and spousal support, and child custody are also the same. Follow the clerk’s directions and do not interrupt any hearing in progress. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. Aggressive Michigan Divorce Attorney Jannelle J. Zawaideh 40020 W. 12 Mile Road Novi, MI 48377 Counties Served: Oakland, Macomb, and Wayne Phone: 248-356-0600. Are You Being Evicted? Read all the terms of the Judgment of Divorce as it was originally prepared to see if you need to make any changes. Complete your online Michigan divorce papers without a lawyer. Arrive 10 or 15 minutes before your scheduled hearing time. You can also use the Divorce Process Flow Chart to keep track of where you are in the process. In Michigan, both parents have a duty to support their child (or children) until the child reaches 18, or perhaps longer (up to age 19 1/2) if the child is still in high school or … If the other party fails to do what the judgment says, you can file a motion with the court asking the court to enforce the judgment. Support for Michigan Legal Help is provided by: Copyright © 2021 Michigan Legal Help. This toolkit tells you about getting a divorce when you and your spouse have no minor children. Grounds For a Michigan Divorce. Go to the judge’s courtroom on the scheduled day and time. Make the changes and reprint the documents you changed. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees. The original of each document gets filed with the court. Ask the clerk's office for two copies of the signed Default Request and Entry form. As mentioned earlier, to get a divorce in Michigan, you do not have to prove any grounds. The only reason for divorce in Michigan is that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” This means there has been a serious, permanent, marital breakdown. Mail a copy to your spouse at their last known mailing address. Date and sign the Motion. At the top of the form, fill in the case number and judge's last name. If your spouse is at the final hearing, you can give them a copy of the signed order in the courtroom. It means it is very unlikely you and your spouse can work things out. The clerk will sign the form, entering the default. Step 12: Send the proposed final Judgment of Divorce and the Notice of Hearing and Motion to your spouse. Select a county above for resources near you, Helping Michigan residents solve their legal problems. After your spouse has been served with the divorce papers, the person who served the papers must complete the Proof of Service form (the second page of the Summons). There are several different ways you can have papers served on your spouse. The party files the suit in the county where he or she resides as long as they have resided there for ten days. Every divorce in Michigan has a 60-day waiting period, and a divorce with minor children has a 6-month waiting period. On your remaining copy of the Default Request and Entry form that has been signed by the clerk, date and sign the Certificate of Mailing section. Otherwise, mail a copy to your spouse at their last known address or deliver it to them. Complete and file the Notice of Hearing and Motion that was prepared when you used the Do-It-Yourself Divorce tool. All Rights Reserved. The Do-It-Yourself Divorce tool prepared two Proof of Service forms. The matter is that this kind of dissolution of marriage requires filling out lots of forms regarding taking care of your kid, making an easy divorce with child in Michigan hardly possible. As a rule, a divorce with child in Michigan is really challenging. Michigan Legal HelpHelping Michigan residents solve their legal problems. Read the Common Questions if you have a specific question. You will not file all of these forms at the beginning of your case; some you will file later. It basically means that it is highly unlikely you will be able to work things out with your partner. If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced. For more information on what happens after your divorce, read Finishing Your Michigan Divorce without Minor Children. You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. (Mich. Comp. These worksheets include detailed checklists of all the information needed to properly fill out the divorce forms. But, Michigan law offers a similar divorce alternative called separate maintenance. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. This book would help anyone understand how to file for divorce without a lawyer. You are represented by a law school clinic based on having low income. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. Instead, to get a Michigan divorce without minor children, you just need to state that the marriage has broken down to the point where the matrimony has been destroyed and the marriage can not be preserved. How will the COVID-19 (Coronavirus) Emergency Affect My Legal Problem? There is no cost for this. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. The state of Michigan permits divorcing couples to file the necessary court paperwork themselves without legal assistance. Neither spouse is required to be a U.S. citizen to get a divorce in Michigan. The divorce papers you need to complete for Michigan will depend on your specific circumstances. Copies of the documents are for the Plaintiff (you) and Defendant (your spouse). No. To learn more, read Fee Waivers in Court Cases. .” before the divorce can be granted. You may want to get a copy for your records. Michigan has “no-fault” divorce. I am the Plaintiff. If you receive public assistance based on having low income, a completed Fee Waiver Request will print out with your other documents from the Do-It-Yourself Divorce tool. The clerk will return copies of all the divorce papers that the court doesn’t need. Additionally, either you or your spouse must have lived in the county where you … Keep the other copy for the next step (Step 9). If you are having trouble getting your spouse served in this time, you can file a motion for a second summons. Although every effort is made to maintain accurate information on this site, the Michigan Supreme Court does not guarantee the accuracy of the information. Your spouse doesn't have to agree to give you a divorce. Step 2 - The spouse who decides to file for divorce must complete the forms and then file them with the Circuit Court Clerk's Office in the county where he or … If you do not get a hearing scheduled shortly after the two month period, the court may dismiss your divorce case for lack of progress. You must have your spouse served with (notified of) the divorce action. If you and the other spouse lived together or if one of you was without a home when custody proceedings began, then your child has only one legal residence. The statutory waiting period for a Michigan divorce is found in Michigan Compiled Laws 552.9f. You can use this even if you and your spouse agree on all of the issues in your divorce. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. Do my spouse or I have to prove fault to get a divorce in Michigan? Yes. If not, you can print the script from the article Testimony in Final Divorce Hearing. Michigan Divorce Papers: Download, fill out and print these free online fill in the blank divorce papers for a do it yourself divorce in the state of Michigan. The Checklists below have step-by-step instructions for getting divorced. All Rights Reserved. There may be more costs, such as charges for having papers served on your spouse, motion filing fees, and costs for alternative dispute resolution services (mediation). . To complete your divorce, you need to review and update (if necessary) the Judgment of Divorce that was prepared when you used the Do-It-Yourself Divorce tool. In part one of the Motion section, fill in the date that you filed your Complaint for Divorce. You can get the motion form from the Michigan One Court of Justice website. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. It depends. When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. In paragraph three, write the name and bar number of the judge, if you have it. You must sign and date each form that has a signature line. Date and sign the Proof of Service and make a copy. Support for Michigan Legal Help is provided by: Copyright © 2021 Michigan Legal Help. MCL 552.9f provides that a Michigan divorce without a minor child must wait until “ . If there are minor children, they will also need to resolve issues of child custody, visitation, and support. You can get a divorce here as long as one of you has lived in Michigan for at least six months. You can make changes to the judgment by hand, but it is better to log back in to Law Help Interactive and edit your saved forms to make changes. The Testimony in Final Divorce Hearing script will print with your other documents if you used the Do-It-Yourself Divorce tool. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court. If there are no children involved, a divorce may be granted in 60 days. Step 6: Have your spouse served with the divorce papers. Contact the court clerk’s office to schedule a hearing to enter a Judgment of Divorce by default. Give the clerk all of the originals and all of the copies. Serve your spouse with the signed Judgment of Divorce within seven days. All Michigan divorce actions are heard in the county Circuit Courts. Bring all of your divorce papers with you to the hearing, including the Judgment of Divorce. Pay the filing fee or file a Fee Waiver Request along with the following documents: Record of Divorce or Annulment (depending on your county). However, studies show that it is more common for couples to divorce without children, and it makes things considerably easier from a legal perspective. Your spouse must be served with the proposed final Judgment of Divorce and the Notice of Hearing and Motion. How to File for Divorce in Michigan without Children Paperback – Jan. 1 2008 by Edward A Haman (Author) 4.3 out of 5 stars 4 ratings. Completing a Divorce Without Children; Completing a Divorce With Children; Self-Represented Litigants; Quick Links. For general information about divorce, read the Articles. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. No. If you are unable to … Child support claims in Michigan are the responsibility of the Michigan Child Support Enforcement System and the county prosecutor handles claims to establish child support obligations. May 26, 2019 Add Comment children, divorce, Download File For Divorce In Michigan Without Children, Ebook File For Divorce In Michigan Without Children, file, File For Divorce In Michigan Without Children, for, Free Ebook File For Divorce In Michigan Without Children, Michigan is a “no-fault” divorce state. You need to make copies of some of the forms. Topics covered include: 1. Step 18: What to do after your divorce is final. The information is updated frequently based upon the needs of our users. Your spouse must be served one copy of each of the following: Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request). How to File for Divorce in Michigan Step 1 - Download divorce papers for Michigan using one of the buttons above. Check the “Judgment of Divorce” box on the Proof of Service. Also write the hearing information the clerk gives you. How do I serve papers on my spouse? Otherwise, you can use the Do-It-Yourself Fee Waiver to prepare a Fee Waiver Request. In a divorce with children, the judge can waive part of the waiting period if your case involves unusual hardship or a compelling need to shorten the waiting period. The judge will sign your Judgment of Divorce or may require you to make changes to it before they will sign. The judge may ask you to enter testimony at the final hearing. File your Record of Divorce or Annulment now if you are in a county where it was not filed at the beginning of your case. Step 7: File your Proof of Service with the court clerk. No-fault means that you don’t have to prove cheating, cruelty, or anything else to get a divorce. To learn more, read Introduction to Divorce with Minor Children. If the Judgment of Divorce changes a party's name, that party should also change their name with the Social Security Administration and Secretary of State. Select Your County to Get Legal and Financial Help. Dress neatly. Note: These instructions are general instructions for use in any Michigan County. The hearing date will be scheduled at least two months after the date you filed your divorce. This is to certify that you have served the defendant with the Default Request and Entry form. If a couple has underage children, they should include a temporary custody order during the pendency of the divorce. The court clerk can tell you when to file it in your county. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. The filing requirements for separate maintenance, including residency and grounds, are the same as those for divorce. You have 91 days from the issue date on the Summons to have your spouse served with the divorce papers, or your case will be dismissed. It will cost you at least $175 to file a complaint for divorce without minor children. Legal separation is like divorce in that the court helps couples resolve the same divorce-related issues, but in the end, you’re still legally married to each other, despite living separate lives. Check the Proposed Judgment of Divorce box and the Notice of Hearing and Motion for Entry of Default Judgment of Divorce box on the list of documents. There were forms at the end of the book that could be filled out also. Helping Michigan residents solve their legal problems, Finishing Your Michigan Divorce without Minor Children. The clerk of the court must automatically approve your fee waiver if any of these are true: If you do not fit into one of these three categories, a judge will review your Fee Waiver Request. A party may file a divorce action in Michigan as long as the party filing has resided in the state for 180 days. You can get a divorce even if you are the person who did something that made your marriage end. Legal separation is referred to as "separate maintenance" in Michigan. The judge cannot make the total waiting period less than 60 days. Specific instructions for your county are not yet available. 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. Normally, this person will file the Proof of Service with the court and return a copy to you, but you should talk about this with the person beforehand. You can call the clerk’s office ahead of time to ask whether you need to make your own copies. File your forms at the court clerk's office. Contact your Circuit Court Clerk’s Office to find out which steps might be different in your county. Then file it with the clerk's office. File the signed Judgment of Divorce with the clerk’s office so that you will be considered divorced. 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. Establish custody of the children. The instructions below explain which forms you need for each step and how many copies to make. Find the Default Request and Entry form that was prepared when you used the Do-It-Yourself Divorce tool. Does Michigan Offer Legal Separation? You will have to pay a motion fee to schedule your hearing unless your fees were waived. Ask the clerk for two copies of the Judgment of Divorce (one for your own records, and one to serve on your spouse). . The waiting period is the minimum time your divorce will take. Michigan Legal Help provides many services to people seeking divorce, including checklists to help you prepare your case with or without children, Automated Online Divorce Forms, and self-help articles. Step 13: File a Proof of Service for the Notice of Hearing and Motion and Proposed final Judgment of Divorce. If you are unable to pay the filing fee, you can ask the court to waive it. Michigan Divorce Papers and Forms. When children are involved, a divorce cannot be granted until six months have passed. Michigan is a “no-fault” divorce state. If the divorce involves children under the age of 18, the code is DM. the expiration of 60 days from the time of filing the bill of complaint . Serve your spouse with the appropriate divorce documents. Michigan offers a website where you can find “Toolkits” for different divorce needs, including divorcing with or without children and … Residency and Where to File. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. You receive public assistance based on having low income (examples: FAP, SNAP, Healthy Michigan, CHIP, ESO, FIP, TANF, WIC, SSI); You are represented by a legal services program that receives funding from the Legal Services Corporation or the Michigan State Bar Foundation; or. (Divorce). There is a 60 day waiting period if: The waiting period starts when you file for divorce. You must file the following forms with a clerk of the circuit court to start your divorce case: Confidential Case Inventory, if applicable. If you need something other than legal help, look in Community Services. For more detailed information, see the article How to Serve Divorce Papers. Statute(s) Michigan Compiled Laws Section 552.1, et seq. The book went over every aspect with a divorce including explaining court terms. To learn about serving divorce papers, read How to Serve Divorce Papers. Step 9: Complete the Certificate of Mailing and file it. When a couple is considering going through a divorce in Michigan, it is likely that they will have kids, and this is one of the main reasons why divorces can be so complicated. To get a divorce, the only reason needed is that there has been a serious breakdown of the marriage that is permanent and that there are no … Date and sign the Proof of Service and make a copy. Below are brief instructions about attending your final court hearing. It will cost you at least $175 to file a complaint for divorce without minor children. When the judge grants the divorce, you will be asked for your Judgment of Divorce. Parking; Asbestos - Master Documents & Orders; Business Court; Contractual Opportunities; ... Michigan Court of Appeals; Michigan Supreme Court; National Center for … There may be more costs, such as charges for having papers served on your spouse, motion filing fees, and costs for alternative dispute resolution services (mediation). After you are logged back in, click on the section that you want to change. • Either party must be a Michigan resident for at least 180 days, and also a resident in the county which the divorce was filed for at least 10 days, prior to filing for divorce. Click on Courts & Agencies for the address and phone number of the court in your filing county. Fee Waiver Request (if needed) – 2 copies, Summons – 2 copies (Keep the second page to use as a Proof of Service). These are step-by-step instructions to help you with your divorce without minor children when your spouse does not file an answer to your complaint. 4. File your completed divorce paperwork with the court for approval. There are two forms: Divorce with Minor Children Worksheet (DM Worksheet) and Divorce without Minor Children Worksheet (DO Worksheet). 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. File the Proof of Service with the clerk’s office and keep the copy for your records. If your spouse does not file an answer within the time limit stated in the Summons, you should file a request with the court to enter a default. If neither you or your spouse has lived in Michigan for at least 6 months, you will have to get divorced elsewhere, or wait to file until one of you meets the 6 month residency requirement. Go to Courts & Agencies for information about the court or agency that will handle your case. File the original with the court clerk’s office. Living and Working in Michigan During the COVID-19 Pandemic, Introduction to Divorce with Minor Children, Do-It-Yourself Quitclaim Deed (after Divorce), LawHelp Interactive Instructions for DIY Tools, Preparing for the Do-It-Yourself Divorce tool, Overview of the Divorce Process for Plaintiffs, Michigan Department of Health and Human Services - Hearings and Decisions, Michigan Department of Health and Human Services, There were no children born during your marriage and, There were children born during your marriage or, You are pregnant or your spouse is pregnant. But if your right to live in the United States depends on your marriage, divorce may affect that right. For all of our articles on Michigan divorce, see our Michigan Divorce and Family Law page. If there is a Self-Help Center in your area you can get more help there. Related Article: ... At any time can a parent change a minor child’s last name during a divorce in Michigan without the other parent’s permission? Complete one of those forms, showing the date that you served the Judgment of Divorce and how you served it on your spouse. Laws § 722.31 (1).) Service must be completed at least 14 days before the final hearing date. Your case will not start until you pay the filing fee or your Fee Waiver Request is approved. Enter your case number and the name of the assigned judge in the top right corner of the form. If you are a Michigan resident considering divorce, there are several laws and processes you should know about before taking your first steps. Michigan offers forms for people to fill out in preparation for filing for divorce. The only reason for divorce in Michigan is that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” No. After the Judgment of Divorce is filed with the court clerk, the divorce is considered final. 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