When filing for divorce, there is a required filing fee, as well as an electronic systems … Whether or not you have children, you will need to gather information on your property and finances, along with your spouse’s. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. % of people told us that this article helped them. By using our site, you agree to our. To file for divorce without an attorney, talk it through with your spouse beforehand, if you can, to divide up assets and debts and discuss custody of children, if you have any. Immediately prior to filing for divorce, one of the spouses must have been a resident of Michigan for 180 days and a resident of the county for at least 10 days where the divorce is filed. You must attend mediation meetings so they can write recommendations to the judge pertaining to child support, alimony, custody and/or parenting time. How to File for Divorce in Michigan Step 1 - Download divorce papers for Michigan using one of the buttons above. (Divorce). However, you should ask the court clerk if this is available in your county, because in most cases you cannot personally serve your spouse. Divorce in Michigan is quick and easy Get Your Divorce Forms Completed Online The key documents you'll need to prepare are the summons and complaint, which gives the court information about you, your spouse, your marriage, and what you hope to obtain in your divorce. Have your divorce lawyer send the documents for you. "The step-by-step process lessens the agony of the courthouse.". What Things Will Be Decided in Your Divorce. However, your divorce will move more quickly if your case follows either of the following paths: Before you can file for divorce in Michigan, you must meet the state’s residency requirements. A person who resides outside the state of Michigan can be summoned to a Michigan court for a divorce. Contact an attorney for advice and help finding your wife. the spouse’s standard of living during the marriage. Remember that you must have lived in the county where you file for at least 10 days before you file. However, couples can still reach an agreement at any time before the judge issues a final order. If you need more information check out the Michigan Legal Help website. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. If you’re the "plaintiff," (the spouse requesting the divorce) the first thing you need to do is locate the correct divorce forms and complete them. To see samples of parenting plans, look at the Michigan resources that are available at. Include your email address to get a message when this question is answered. Additionally, if you spouse agrees beforehand, you may be able to give the papers to your spouse yourself. Therefore, if you or your current spouse is a resident of Michigan and has been for the past six months, you may file for divorce in Michigan. If you cannot afford an attorney, you can try to obtain legal help on a “pro bono” (free) basis. Once divorce is eminent, there’s one requirement in the state of Michigan that needs to be met before filing. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. Make your uncontested divorce process seamless and straight forward by using Online Michigan Divorce assistance service. You must add an addendum to your petition for divorce, on the judgement day it should be granted. If you rush through the papers and make mistakes, your divorce could be delayed. The state of Michigan permits divorcing couples to file the necessary court paperwork themselves without legal assistance. Once you have a list of attorneys that you think may be a good fit, set up “consultation” meetings so you can meet face to face. No, you can get a divorce in Michigan without a lawyer but without a professional, you could be placing yourself in a difficult situation, if you do not understand all your rights. The “answer” is filled out using the interactive interview program discussed above. The residency requirements of Michigan dictate that: At least one of the spouses must have lived in Michigan for at least 6 months The person seeking the divorce (the plaintiff) must file in the county in which he/she, or his/her spouse (the defendant), has lived in for the last 10 days. By signing up you are agreeing to receive emails according to our privacy policy. In limited circumstances, you can waive the 10-day county residence requirement if you’re a U.S. citizen, you have children, and you have good reason and supporting evidence to suspect that your spouse might abduct the children and take them to another country. Complete the interview process and print out your completed forms. by having a process server personally serve your spouse. This article was co-authored by Clinton M. Sandvick, JD, PhD. The court filing fees for a divorce are currently $255 for a divorce with children and $175 for a divorce without children. Fortunately, actually getting divorced in Michigan is fairly straightforward and may be able to be completed without a lawyer – as long as you meet the necessary criteria for an uncontested divorce. The plaintiff must meet Michigan’s residency requirements (180 days in the state and 10 days in the county), and properly serve the other party under the service requirements in the Michigan Court Rules. There are three levels of trial courts in Michigan, so it’s easy to get confused. A counterclaim means that your spouse is filing his own petition for divorce, and can ask the court for a different distribution of property or child custody arrangement than the one you asked for. § 552.9 (2020). When considering the best optionof filing for divorce without a lawyer, the earliest you can get to is the filing fee. The plaintiff must attend the final hearing. While it’s not usually necessary to hire an accountant prior to filing for divorce, it’s a good idea to put together a simple balance sheet showing all of your assets and debts. Pay filing fees. Request for Accommodations; eFiling; Annual Reports; Attorney Transcripts; Friend of the Court; Judges; Schedule of Attorney Fee Payments; House Counsel Family Division - Domestic, Requirements and Application for 2021 - 2024 List The child's attachment to his or her home, school and community. (M.C.L.A. If you do not have an attorney, you and your spouse will be responsible for filing all of your paperwork, and will each talk to the judge without getting any help preparing. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Serve your spouse with the appropriate divorce documents. At some point, if the case doesn’t end in default, you and your spouse will need to complete and file a written settlement agreement, which resolves all issues related to property, money, children, and alimony in your case. You may serve the papers through a process server or sheriff’s deputy or your spouse may agree to accept service of the papers by filing a written waiver. No other reason for the divorce needs to be cited. Information about prior court cases, including prior divorces, paternity, personal prote… Remember to serve your spouse a copy of the petition when you file it, since they’ll need to reply to it. During the meeting, you can ask questions about your case and situation, and gage whether you get along with the attorney. This article will explain uncontested divorces in Michigan. You can get the forms from your local court clerk. When you file your paperwork, the clerk of court will charge a filing fee. In that case, you and your spouse can file the final divorce paperwork together or a judge may enter a default judgment against your spouse, granting you everything asked for in the divorce complaint. If either party asks the court for a divorce, the judge will deny your request for separate maintenance and continue with the divorce process. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. To file for divorce in Michigan, either spouse must live in the state for at least 6 months before the filing of the petition. In almost every state of the country, this is the cost of filing for divorce. At the time you file your documents, you will need to pay a $150 filing fee and a $80 dollar judgment fee. There are 16 references cited in this article, which can be found at the bottom of the page. What does that mean? Within your divorce paperwork, you’ll need to identify a legal reason or (“ground”) for the divorce. File a Petition for Separate Maintenance at the District Court Clerk's office in the county where you live. Additionally, either you or your spouse must have lived in the county where you file divorce for at least 10 days before you file. The judge assigned to your case may order you to meet with the friend of the court, or you and your spouse may choose to on your own. There are also a number of legal aid agencies that can help you build your case without hiring an attorney. Doctor of Law, University of Wisconsin-Madison. If you want to get a divorce and either you or your spouse lives in Michigan, you will be able to file without an attorney. http://michiganlegalhelp.org/self-help-tools/family/i-need-divorce-and-i-have-children, http://michiganlegalhelp.org/organizations-courts/, http://www.michiganlegalhelp.org/sites/default/files/attachments/sample-parenting-time-schedule-a.pdf, http://www.michiganlegalhelp.org/sites/default/files/attachments/sample-parenting-time-schedule-b.pdf, http://www.michiganlegalhelp.org/sites/default/files/attachments/sample-parenting-time-schedule-c.pdf, http://www.michiganlegalhelp.org/sites/default/files/attachments/sample-parenting-time-schedule-d.pdf, https://lawhelpinteractive.org/Interview/GenerateInterview/1360/engine, http://michiganlegalhelp.org/self-help-tools/miscellaneous/automated-online-waiver-suspension-fees-costs-form, http://michiganlegalhelp.org/self-help-tools/family/automated-online-divorce-answer-and-counterclaim-forms, http://michiganlegalhelp.org/self-help-tools/family/i-need-divorce-and-i-do-not-have-minor-children, http://michiganlegalhelp.org/self-help-tools/family/automated-online-divorce-forms, http://michiganlegalhelp.org/self-help-tools/family/my-spouse-filed-divorce-and-we-have-minor-children, http://www.michigandivorcehelp.com/the-divorce-process/part-i-the-divorce-process, consider supporting our work with a contribution to wikiHow. how the marital property was divided in the divorce. The spouse intending to file for divorce, known as the Petitioner or Plaintiff, must fill it out. A do it yourself divorce in MI involves a ‘divorce petition,’ which can be obtained at a legal aid service. You’ll need to file your case in the circuit courts which preside over all divorce matters. This article was co-authored by Clinton M. Sandvick, JD, PhD. Stat. A default judgment will be granted, and you will be given what you asked for in your paperwork. To get help finding an attorney, visit, If you have children, you will need to provide the program information on your proposed “parenting plan.” A parenting plan outlines the custody arrangement between you and your spouse. If, after meeting with an attorney, you think of other questions you would like to ask, don’t hesitate to call back and ask. If you and your spouse are still unable to agree on the terms of the divorce, the judge may send you to mediation or to meet with the friend of the court again. If, by the time you attend the conference, you and your spouse have worked out most of your issues, the judge may set a date for your final hearing. After you answer the questions, your finished forms and instructions will be ready to print. The child’s relationship with his or her parents, grandparents, siblings, or any other residents of the household or persons who may significantly affect the child's best interests. After completing the interview, your forms should be ready for you to print and file in the county where you live. This article has been viewed 188,716 times. After the hearing, the judge will sign your judgment of divorce. The attorney listings on this site are paid attorney advertising. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. There are two forms: Divorce with Minor Children Worksheet (DM Worksheet) and Divorce without Minor Children Worksheet (DO Worksheet). by sending your spouse a copy of the paperwork through certified mail - return receipt requested. if you cannot afford to pay the fees, visit the "fee waiver" section of the website at. Michigan is a no fault state as far as that having an impact on the divorce itself. References. We use cookies to make wikiHow great. You or your spouse must have lived in Michigan for at least 180 days before you file the divorce papers. who was at fault in the ending of the marriage. • 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. You may also be able to agree in that in front of the judge so long as both parties are present. After you get the judge’s signature, you will need to file the judgment with the clerk of court to finalized the divorce. A “contested” divorce where the parties do not agree can be extremely complicated, and you should have an expert to help you get the best possible outcome. However, due to the stressful and complex nature of some divorce cases, having an attorney will increase your chances of being successful and getting what you want. Usually, when a couple … Divorce in Michigan. Whatever method you choose, it’s critical that you get an affidavit of service signed and filed at the courthouse. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Michigan is a no-fault divorce state, meaning that the Family Law does not provide fault-based grounds. Once your paperwork is complete, you’ll need to file your divorce papers in the correct courthouse including the summons, complaint, and any other required documents that were listed in the instructions that came with your forms. If you and your spouse aren’t able to reach an agreement on all issues, your divorce will be considered "contested" and a judge will decide your case at trial. It’s a good idea to type everything on a computer or write or print neatly. Even if you represent yourself my advice is that you talk to an attorney before you do anything to find out exactly what your legal rights are. File them with the clerk and pay the filing fee. What if when I filed, my spouse does not comply or attend hearings? Avvo has 97% of all lawyers in the US. The waiting period is 60 days if you and your spouse do not have children. Statute(s) Michigan Compiled Laws Section 552.1, et seq. The waiting period is 180 days if you and your spouse do have children. The mental and physical health of the parents and child. Michigan is a pure no-fault state, which means the only acceptable ground for divorce is that the marriage is irretrievably broken, which is just a fancy way of saying your marriage is so badly damaged that it can’t be saved and it has to end in divorce. However, it’s an entirely different legal act, which comes under the … Can I change my name back to my maiden name during a divorce? For more information on going to court, watch the video provided by Michigan Legal Aid at. An answer just explains what parts of the complaint the defendant does and doesn’t agree with. Evidence of domestic violence against the child or against either parent. They (and you) are free to do as they wish, as harsh as that may be. Although you can ask the court clerks basic questions, clerks can’t give you legal advice. For more tips from our Legal co-author, including how to negotiate divorce terms with your spouse, read on. Following the filing, you need to serve the papers on the "defendant" (the other spouse) by having them delivered. by having a friend or relative personally serve your spouse. Access the forms you will need and resources where you can get help. Although the process to obtain an uncontested divorce is simpler than a contested one, you still need to follow many of the typical divorce procedures. In situations where the defendant agrees with everything you’ve put in the complaint, or you have a written settlement agreement, the defendant doesn’t have to file an answer at all. How much does it cost to get a divorce in Michigan without using a lawyer and just filing paperwork with the court? Michigan is a pure no-fault state, which means the only acceptable ground for divorce is that the marriage is irretrievably broken, which is just a fancy way of saying your marriage is so badly damaged that it can’t be saved and it has to end in divorce. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. If you meet the income guidelines, a judge will sign an order eliminating all fees for the duration of the case. There are 57 circuit courts in Michigan, but the Michigan Judicial Branch has a map you can use to locate the correct circuit court for your case. File for a divorce without an attorney in the State of Michigan. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Fill out your Forms Michigan Divorce Book: A Guide to Doing an Uncontested Divorce Without an Attorney (With Minor Children) (Michigan Divorce Book with Minor Children) [Michael Maran] on Amazon.com. The criminal history of either parent, and of any person living with one of the parents. Get a referral from a friend or family member who has used a divorce lawyer before. Only one spouse must meet the residency requirement in order to get divorced in Michigan. 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 … You can use this interactive, web-based form generator provided by Michigan Legal Help for online legal forms or you can get paper copies from a clerk at the courthouse. How can I send my husband paperwork for a divorce if I don't want him to know my present address? Topics covered include: 1. Any settlement should be memorialized into a written divorce agreement. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. For more tips from our Legal co-author, including how to negotiate divorce terms with your spouse, read on. To begin the process for an answer, visit. This petition asks the court to divide your property and debts and issue orders for child custody, child support and spousal support. You will go to the LawHelp Interactive website to do this. If you and your spouse agree on how to divide your property, and if you there are no children involved, you can probably file for divorce on your own and save money. Pay attention to the rules and be cautious, because there are very strict rules governing what is and what isn’t proper service. Attorney Quick Links. You can ask for a fee waiver form, which you’ll fill out and use to provide the court with financial information. It’s not illegal to have an extramarital affair. The wishes of you and your spouse regarding where your child or children will live. whether one spouse is responsible for the other’s support. At the very least, this will cost you somewhere in the neighborhood of $163. Each party’s contributions to the marital assets. Go online or visit your county clerk's office to get the forms you'll need, like the petition for divorce and summons. A Divorce Petition . Just because the defendant files an answer doesn’t mean your case will go to trial. Filing for divorce in Michigan without a lawyer Decided to file for an uncontested dissolution without attorney’s help but don’t know where to start? Good luck to you. Can I file for a divorce without a lawyer in Michigan? The ability of each spouse to earn a living. Contributions include income and other contributions, like being the primary parent. You can learn more about the divorce process on Michigan Courts Self-Help Center site. Last Updated: January 3, 2020 Find out who they hired and if they would recommend the attorney. Each court has a “friend of the court,” which is a person who is trained to help parties come to agreements related to domestic relations. Each step must be completed before a judge can sign off on your divorce. If you and your partner agree on all of the terms of your divorce, you can file your petition without an attorney, but if you have disagreements, it will be easier to get legal aid. by having a police officer or sheriff’s deputy personally serve your spouse. Making Sure you can get Divorced in Michigan, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/f\/f5\/Get-a-Divorce-in-Michigan-Step-1-Version-2.jpg\/v4-460px-Get-a-Divorce-in-Michigan-Step-1-Version-2.jpg","bigUrl":"\/images\/thumb\/f\/f5\/Get-a-Divorce-in-Michigan-Step-1-Version-2.jpg\/aid2490547-v4-728px-Get-a-Divorce-in-Michigan-Step-1-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"