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). Complete one of those forms, filling in the date that you served the Proposed Default Judgment of Divorce and Notice of Hearing and Motion, and the address where you mailed them or gave them to your spouse. Michigan offers forms for people to fill out in preparation for filing for divorce. You must have your spouse served with (notified of) the divorce action. Ask the clerk for two copies of the Judgment of Divorce (one for your own records, and one to serve on your spouse). This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. . A child whose parents have joint custody has two legal residences: the address where each parent lived when the custody proceedings began. Complete your online Michigan divorce papers without a lawyer. No. No. Once divorce is eminent, there’s one requirement in the state of Michigan that needs to be met before filing. Read the Common Questions if you have a specific question. If the divorce involves children under the age of 18, the code is DM. Date and sign the Proof of Service and make a copy. Are You Being Evicted? If you are having trouble getting your spouse served in this time, you can file a motion for a second summons. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. Serve your spouse with the signed Judgment of Divorce within seven days. Contact your Circuit Court Clerk’s Office to find out which steps might be different in your county. You may want to get a copy for your records. 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.” It depends. Dress neatly. 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. Support for Michigan Legal Help is provided by: Copyright © 2021 Michigan Legal Help. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. When the judge grants the divorce, you will be asked for your Judgment of Divorce. This form will not be part of all cases. Below are brief instructions about attending your final court hearing. Mail the papers to your spouse at their last known address, or deliver them in person. 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. This is to certify that you have served the defendant with the Default Request and Entry form. 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. You can also use the Divorce Process Flow Chart to keep track of where you are in the process. If there are no children involved, a divorce may be granted in 60 days. 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.” 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. The hearing date will be scheduled at least two months after the date you filed your divorce. The divorce papers you need to complete for Michigan will depend on your specific circumstances. See all formats and editions Hide other formats and editions. It basically means that it is highly unlikely you will be able to work things out with your partner. 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). The book went over every aspect with a divorce including explaining court terms. If you are unable to … 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. Note: These instructions are general instructions for use in any Michigan County. Topics covered include: 1. 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. All Michigan divorce actions are heard in the county Circuit Courts. But if your right to live in the United States depends on your marriage, divorce may affect that right. Step 6: Have your spouse served with the divorce papers. No. When children are involved, a divorce cannot be granted until six months have passed. You will have to pay a motion fee to schedule your hearing unless your fees were waived. It will cost you at least $175 to file a complaint for divorce without minor children. The Do-It-Yourself Divorce tool prepared two Proof of Service forms. Additionally, either you or your spouse must have lived in the county where you … The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. The Do-It-Yourself Divorce tool prepared two copies of a Proof of Service form. The judge may ask you to enter testimony at the final hearing. 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 instructions below explain which forms you need for each step and how many copies to make. File the Proof of Service with the clerk’s office and keep the copy for your records. Establish custody of the children. File the signed Judgment of Divorce with the clerk’s office so that you will be considered divorced. Michigan Legal HelpHelping Michigan residents solve their legal problems. After you sign your documents, make copies as follows. If your spouse is at the final hearing, you can give them a copy of the signed order in the courtroom. 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? The party files the suit in the county where he or she resides as long as they have resided there for ten days. 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. Contact the court clerk’s office to schedule a hearing to enter a Judgment of Divorce by default. The judge cannot make the total waiting period less than 60 days. As mentioned earlier, to get a divorce in Michigan, you do not have to prove any grounds. Step 17: Complete and file a new Proof of Service. 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. Michigan offers a website where you can find “Toolkits” for different divorce needs, including divorcing with or without children and … Otherwise, you can use the Do-It-Yourself Fee Waiver to prepare a Fee Waiver Request. 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. Date and sign the Motion. Step 12: Send the proposed final Judgment of Divorce and the Notice of Hearing and Motion to your spouse. 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. Mark the box on your divorce judgment that shows it is a default judgment. Your spouse doesn't have to agree to give you a divorce. 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. There were forms at the end of the book that could be filled out also. After you are logged back in, click on the section that you want to change. Take the Default Request and Entry form to the court clerk's office. Date and sign the Proof of Service and make a copy. 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. Statute(s) Michigan Compiled Laws Section 552.1, et seq. . Parking; Asbestos - Master Documents & Orders; Business Court; Contractual Opportunities; ... Michigan Court of Appeals; Michigan Supreme Court; National Center for … 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. • 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. Does Michigan Offer Legal Separation? Completing a Divorce Without Children; Completing a Divorce With Children; Self-Represented Litigants; Quick Links. There is a 60 day waiting period if: The waiting period starts when you file for divorce. Enter your case number and the name of the assigned judge in the top right corner of the form. Neither spouse is required to be a U.S. citizen to get a divorce in Michigan. MCL 552.9f provides that a Michigan divorce without a minor child must wait until “ . If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced. You need to make copies of some of the forms. 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. Michigan Family Law Office offering PAYMENT PLANS including credit cards and a FREE Consultation, servicing Oakland, Macomb, & Wayne Counties. File your completed divorce paperwork with the court for approval. The court clerk can tell you when to file it in your county. There is no cost for this. You are represented by a law school clinic based on having low income. 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. 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. 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. For general information about divorce, read the Articles. 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. 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, The Checklists below have step-by-step instructions for getting divorced. Check the “Judgment of Divorce” box on the Proof of Service. 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. 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. The Do-It-Yourself Divorce tool prepared two different Notice of Hearing and Motion forms. 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. Go to Courts & Agencies for information about the court or agency that will handle your case. Service must be completed at least 14 days before the final hearing date. 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. Step 18: What to do after your divorce is final. Step 15: File the signed Judgment of Divorce. Your spouse must be served with the proposed final Judgment of Divorce and the Notice of Hearing and Motion. All Rights Reserved. Take the copies with you. Non-custodial parents are obligated to pay child support until the child turns 18, or 19.5 if the child remains in high school. To learn about serving divorce papers, read How to Serve Divorce Papers. There are several different ways you can have papers served on your spouse. Michigan has “no-fault” divorce. When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. How do I serve papers on my spouse? Ask the clerk's office for two copies of the signed Default Request and Entry form. If a couple has underage children, they should include a temporary custody order during the pendency of the divorce. You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. Click on Courts & Agencies for the address and phone number of the court in your filing county. Copies of the documents are for the Plaintiff (you) and Defendant (your spouse). There are two forms: Divorce with Minor Children Worksheet (DM Worksheet) and Divorce without Minor Children Worksheet (DO Worksheet). 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. If there is a Self-Help Center in your area you can get more help there. the expiration of 60 days from the time of filing the bill of complaint . Information about prior court cases, including prior divorces, paternity, personal prote… No. Make the changes and reprint the documents you changed. You must file the following forms with a clerk of the circuit court to start your divorce case: Confidential Case Inventory, if applicable. Also write the hearing information the clerk gives you. Yes. 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. Go to the judge’s courtroom on the scheduled day and time. Support for Michigan Legal Help is provided by: Copyright © 2021 Michigan Legal Help. It will cost you at least $175 to file a complaint for divorce without minor children. File the Proof of Service with the court clerk’s office and keep the copy for yourself. If you want to file for divorce, use the Forms link to prepare your forms. Mail a copy to your spouse at their last known mailing address. Grounds For a Michigan Divorce. (Mich. Comp. Michigan Divorce Papers and Forms. 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. . Easy divorce in Michigan with child: is it possible? Complete and file the Notice of Hearing and Motion that was prepared when you used the Do-It-Yourself Divorce tool. If you need something other than legal help, look in Community Services. Laws § 722.31 (1).) 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). However, studies show that it is more common for couples to divorce without children, and it makes things considerably easier from a legal perspective. 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. The Testimony in Final Divorce Hearing script will print with your other documents if you used the Do-It-Yourself Divorce tool. The original of each document gets filed with the court. I am the Plaintiff. As a rule, a divorce with child in Michigan is really challenging. In some counties the court clerk’s office will make the copies for you. Keep the other copy for the next step (Step 9). If your spouse does not file an answer, you must enter a default or the court may dismiss your case for lack of progress. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. Bring this document with you to the hearing. Bring all of your divorce papers with you to the hearing, including the Judgment of Divorce. Michigan is a No-Fault state which means it is possible for a spouse to get a divorce without proving fault of the other party for the marriage’s breakup. You must sign and date each form that has a signature line. .” before the divorce can be granted. These worksheets include detailed checklists of all the information needed to properly fill out the divorce forms. To learn more, read Introduction to Divorce with Minor Children. You and your ex-spouse must obey the terms of the judgment. Select Your County to Get Legal and Financial Help. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. A party may file a divorce action in Michigan as long as the party filing has resided in the state for 180 days. Michigan Legal HelpHelping Michigan residents solve their legal problems. Use the one that says "Motion for Entry of Default Judgment of Divorce" after "Motion title.". Otherwise, mail a copy to your spouse at their last known address or deliver it to them. Review the script, complete the blank spaces, and update information as needed. 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. In part one of the Motion section, fill in the date that you filed your Complaint for Divorce. File the original with the court clerk’s office. 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. This book would help anyone understand how to file for divorce without a lawyer. Residency and Where to File. You can call the clerk’s office ahead of time to ask whether you need to make your own copies. Please be aware that some steps will vary from county to county. Select a county above for resources near you, Helping Michigan residents solve their legal problems. Step 16: Serve the Judgment of Divorce on your spouse. No-fault means that you don’t have to prove cheating, cruelty, or anything else to get a divorce. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. For all of our articles on Michigan divorce, see our Michigan Divorce and Family Law page. Do my spouse or I have to prove fault to get a divorce in Michigan? This toolkit tells you about getting a divorce when you and your spouse have no minor children. Follow the clerk’s directions and do not interrupt any hearing in progress. The Michigan Supreme Court is providing the information on this site as a public service. You can get the motion form from the Michigan One Court of Justice website. 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. For more information on what happens after your divorce, read Finishing Your Michigan Divorce without Minor Children. To learn more, read Fee Waivers in Court Cases. Arrive 10 or 15 minutes before your scheduled hearing time. 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. Serve your spouse with the appropriate divorce documents. For more detailed instructions about going to court, watch the Going to Court video. 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 7: File your Proof of Service with the court clerk. File your forms at the court clerk's office. How will the COVID-19 (Coronavirus) Emergency Affect My Legal Problem? If not, you can print the script from the article Testimony in Final Divorce Hearing. Find the Default Request and Entry form that was prepared when you used the Do-It-Yourself Divorce tool. Make a copy of the Judgment of Divorce for your spouse, and write “Proposed” above the title. 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. Fee Waiver Request (if needed) – 2 copies, Summons – 2 copies (Keep the second page to use as a Proof of Service). Your case will not start until you pay the filing fee or your Fee Waiver Request is approved. The procedures for division of property, child and spousal support, and child custody are also the same. Every divorce in Michigan has a 60-day waiting period, and a divorce with minor children has a 6-month waiting period. Although every effort is made to maintain accurate information on this site, the Michigan Supreme Court does not guarantee the accuracy of the information. Use the Do-It-Yourself Divorce tool to prepare the forms that you need. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. 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. The information is updated frequently based upon the needs of our users. If you are a Michigan resident considering divorce, there are several laws and processes you should know about before taking your first steps. The statutory waiting period for a Michigan divorce is found in Michigan Compiled Laws 552.9f. The waiting period is the minimum time your divorce will take. Read all the terms of the Judgment of Divorce as it was originally prepared to see if you need to make any changes. Then file it with the clerk's office. In paragraph three, write the name and bar number of the judge, if you have it. (Divorce). The clerk will return copies of all the divorce papers that the court doesn’t need. 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. This divorce book was really helpful. If you are filing for divorce without children, the case code used in Michigan is DO. Michigan is a “no-fault” divorce state. 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. The state of Michigan permits divorcing couples to file the necessary court paperwork themselves without legal assistance. 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 … Michigan is a “no-fault” divorce state. Pay the filing fee or file a Fee Waiver Request along with the following documents: Record of Divorce or Annulment (depending on your county). You can use this even if you and your spouse agree on all of the issues in your divorce. You can get a divorce here as long as one of you has lived in Michigan for at least six months. 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