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 The following are frequently asked questions about filing of a divorce case, provided by Michigan Divorce Attorney, Timothy Trichler.  Click on a question below:

What are the steps in filing a divorce case?
What are the residency requirements in Michigan?
If I file first (before my spouse) do I have an advantage?
Can I get a divorce if I cannot locate my spouse?
Can I serve the divorce papers on my spouse?
What are the so-called waiting periods?
I know my spouse will never agree or sign anything, can I still get divorced?

What are the steps in filing a divorce case?
The steps for filing divorce 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

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What are the residency requirements in Michigan?
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.

If I file first (before my spouse) do I have an advantage?
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.

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Can I get a divorce if I cannot locate my spouse?
Yes. Service of process can be accomplished by a process called publication. This additional work will not raise your attorney fees significantly.

Can I serve the divorce papers on my spouse?
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.

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What are the so-called waiting periods?
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.

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I know my spouse will never agree or sign anything, can I still get divorced?
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 them self, the judge will grant the divorce by default.

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The above divorce related content is meant as a guide to answer some of your questions dealing with filing for divorce.  For more specific answers to your particular divorce situation, please contact us by email or call us for a free initial phone consultation.  Trichler Law has two convenient locations in Cadillac and the Grand Rapids area providing legal services to Northern and West Michigan.