Filing Divorce Papers for a Michigan Divorce
-A Procedural Overview

Filing divorce papers is a part of the process for obtaining a Michigan Divorce. This article outlines the basic process for filing divorce papers in a typical divorce case.

NOTE: This article is not intended to be, and should not be, used as a substitute for legal advice. It is for general informational purposes only.

Michigan, like many other states, is known as a “no fault” divorce state.* Basically, the sole ground for divorce in Michigan is that “[t]here 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.” Nonetheless, don’t be fooled by this language. It is true that fault is not considered when a settlement agreement is reached between the parties on all issues. Fault may be considered by the court, however, if there is a dispute about parenting time, custody, alimony, property division or support. The extent to which it is considered differs from case to case—and be aware that what happened in someone else’s divorce does not necessarily mean that you will have the same outcome.

Michigan divorce procedure,and filing divorce papers, consists of several steps. In Michigan, the Plaintiff is the party who starts the divorce suit, and the other party (who the suit is filed against) is the Defendant. Below is a guide for the basic procedure of a typical divorce case.**

1. Summons and Complaint.

· The first step in filing divorce paperssummons is the notification from the Plaintiff to the Defendant that a suit for divorce has begun. The Defendant has 21 days if personally served, or 28 days if served by mail or outside the state, to respond or a default may be taken.

· The complaint gives the court the essential information for the court to be able to grant the divorce. It states the names of the parties, where they were married, when they were married, who they were married by, names and birthdays of children (if any), wife and husband’s names before marriage, length of residence in the county and state, date of separation, grounds for divorce, a statement as to the property, whether the wife is pregnant and the relief to be requested (what the person initiating the complaint wants to have happen). Generally (there are some limited exceptions) a party to the divorce must reside in Michigan for at least 180 days and in the county where the suit is started for at least 10 days.

· If the Defendant contests some of the facts or issues set forth in the Complaint, the Defendant may file an Answer. This is a paragraph by paragraph response to the Complaint. Also when the issues are contested, the Defendant may choose to file a Counter Claim. If this occurs, the Plaintiff will then need to file an Answer to the Counter Claim.

· These are filed when the summons and complaint have been delivered to the Defendant. There are time requirements for the service of these documents.

· This informs the court as to whether the parties have filed for divorce before or have any case in another court.

4. Statement to the Friend of the Court.

· In cases where the Friend of the Court will be involved (they make recommendations for spousal support, child support, custody and parenting time), a statement must be given to inform the Friend of the Court of the essential facts of the case.

5. Affidavit Concerning Minor Children.

· A statement as to the child(ren)’s living quarters during the past 5 years and that no custody action is pending.

6. Injunctions.

· Some divorce cases will require that injunction(s) are requested in order to keep a spouse from committing certain acts, including acts of violence, restraining a party from selling or dissipating assets, and injunctions concerning children. Some injunctions may be ordered without a hearing in front of the court, while others require a hearing. When filing divorce papers, if an injunction is necessary, your attorney should explain this procedure in detail.

· Ex Parte Orders are orders that are usually obtained for the purpose of temporary custody, support, etc. If an objection is filed in a timely manner, the order will not be effective until there is a hearing on the matter.

· When an ex parte order is filed, an Affidavit for the Ex Parte Order is also filed. The affidavit is a sworn statement by the party asking for the ex parte order that the facts stated in the order are true.

· There are several potential fees imposed by the court when filing divorce papers. These are separate from legal fees and other fees, such as fees for experts or process servers, that are involved in your case. The circuit court filing fee is set by court rule and changes periodically. This fee must be paid at the time suit is commenced. If motions are filed, there are motion fees. Motions are requests to the court for some type of relief while the case is pending. If the Friend of the Court is involved, there will be Friend of the Court fees. Also, when the Judgment of Divorce is entered, there may be a Judgment fee.

9. Judgment of Divorce.

· This is the final document that grants the divorce and states the terms of the divorce. When you are finished filing divorce papers, this is the most important document that you will receive, as it sets forth the “rules” by which your property will be divided, custody apportioned, spousal support given, parenting time divided, and all other important issues of the divorce. This is a document that should be thorough and that you should fully understand before you agree to it (if you are entering into a settlement-if a trial, you will have to abide by the terms regardless of whether you agree).

A Michigan divorce cannot be granted in less than 60 days. Additionally, when minor children are involved, there is a 6 month requirement except in certain limited circumstances. Even when a divorce is uncontested, there must be a court hearing to determine the truth of the statements made in the Complaint.

In conclusion, it is important to realize that when filing divorce papers in Michigan, there are certain procedures that must be followed in order to ensure a smooth transition. Each step as outlined above may be a simple matter, or extremely complicated, depending on the circumstances of each particular divorce.

*This article does not cover issues relating to Michigan annulments or separate maintenance.

**Some divorce cases will require less steps, and some will require more.

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