<- Chapter 2: Attorney / Client Relations Chapter 4: Temporary Orders ->
The steps and forms are a little different for child and no child cases. First, a properly prepared summons and complaint for divorce must be filed with the court. Usually, a motion and notice of motion will be filed at the same time. The motion will be for temporary relief. If the parties have children, a verified statement to the Friend of the Court must also be filed.
Once the case is filed it must be served on the other spouse (defendant). In an effort to keep the case from becoming contested, I often invite the other spouse to come to my office and acknowledge service. This avoids the embarrassment of having a Sheriff or process server come to their residence or place of employment.
Now that the case is filed and served, the Defendant has 21 days to answer the complaint or risk having a default entered against them
One of the parties must reside in Michigan for 180 days and reside for 10 days in the county in which the case will be filed. There are some exceptions when children are at risk.
Assuming you are both residents of Michigan, not usually. Many people believe that filing first is a big advantage. At best, it is a very small advantage. If your spouse is a resident of another state, it may indeed be an advantage.
Yes. Service of process can be accomplished by a process called publication. This additional work will not raise your attorney fees significantly.
No. This is prohibited by statute. When you think about it, there are many good reasons why this would not be a good idea anyway.
In Michigan, the legislature, in an effort to reduce the number of divorces, enacted minimum waiting periods. In cases with no children, the parties must wait at least 60 days to complete the case after filing. For cases with children, the minimum wait is 180 days. Some judges will grant an exception (for good cause) to the 180 day rule and reduce it to as low as 60 days. Note: if the case is contested, it may take much longer than these time periods to complete the case.
Yes. Since the enactment of the no-fault laws, each party has an absolute right to have the case completed. It is the judge who grants the divorce, not the other spouse. If they do not activity participate in defending themself, the judge will grant the divorce by default
<- Chapter 2: Attorney / Client Relations Chapter 4: Temporary Orders ->
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