. To learn more, read Fee Waivers in Court Cases. 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. You need to make copies of some of the forms. If there are minor children, they will also need to resolve issues of child custody, visitation, and support. The book went over every aspect with a divorce including explaining court terms. This form will not be part of all cases. When the judge grants the divorce, you will be asked for your Judgment of Divorce. You must have your spouse served with (notified of) the divorce action. Copies of the documents are for the Plaintiff (you) and Defendant (your spouse). In some counties the court clerk’s office will make the copies for you. Review the script, complete the blank spaces, and update information as needed. Serve your spouse with the appropriate divorce documents. Use the Do-It-Yourself Divorce tool to prepare the forms that you need. If your spouse is at the final hearing, you can give them a copy of the signed order in the courtroom. Grounds For a Michigan Divorce. 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. The Do-It-Yourself Divorce tool prepared two different Notice of Hearing and Motion forms. File the Proof of Service with the clerk’s office and keep the copy for your records. The filing requirements for separate maintenance, including residency and grounds, are the same as those for divorce. No-fault means that you don’t have to prove cheating, cruelty, or anything else to get a divorce. Helping Michigan residents solve their legal problems, Finishing Your Michigan Divorce without Minor Children. 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. 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. Be prepared to answer questions from the judge regarding the statements in your Complaint for Divorce. Michigan is a “no-fault” divorce state. If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced. Take the copies with you. It will cost you at least $175 to file a complaint for divorce without minor children. Ask the clerk's office for two copies of the signed Default Request and Entry form. You can use this even if you and your spouse agree on all of the issues in your divorce. Establish custody of the children. You can get the motion form from the Michigan One Court of Justice website. Michigan Legal HelpHelping Michigan residents solve their legal problems. It will cost you at least $175 to file a complaint for divorce without minor children. Additionally, either you or your spouse must have lived in the county where you … .” before the divorce can be granted. The party files the suit in the county where he or she resides as long as they have resided there for ten days. Keep the other copy for the next step (Step 9). Residency and Where to File. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. Complete and file the Notice of Hearing and Motion that was prepared when you used the Do-It-Yourself Divorce tool. Do my spouse or I have to prove fault to get a divorce in Michigan? Your spouse must be served with the proposed final Judgment of Divorce and the Notice of Hearing and Motion. Please be aware that some steps will vary from county to county. Use the username and password that you created when you used the Do-It-Yourself Divorce tool. Pay the filing fee or file a Fee Waiver Request along with the following documents: Record of Divorce or Annulment (depending on your county). How will the COVID-19 (Coronavirus) Emergency Affect My Legal Problem? Complete your online Michigan divorce papers without a lawyer. The judge cannot make the total waiting period less than 60 days. 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. Service must be completed at least 14 days before the final hearing date. . The state of Michigan permits divorcing couples to file the necessary court paperwork themselves without legal assistance. Make two copies of the Notice of Hearing and Motion. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. Step 13: File a Proof of Service for the Notice of Hearing and Motion and Proposed final Judgment of Divorce. If you are a Michigan resident considering divorce, there are several laws and processes you should know about before taking your first steps. Yes. Child support claims in Michigan are the responsibility of the Michigan Child Support Enforcement System and the county prosecutor handles claims to establish child support obligations. But if your right to live in the United States depends on your marriage, divorce may affect that right. . The clerk will sign the form, entering the default. 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 expiration of 60 days from the time of filing the bill of complaint . The hearing date will be scheduled at least two months after the date you filed your divorce. Michigan Legal HelpHelping Michigan residents solve their legal problems. Non-custodial parents are obligated to pay child support until the child turns 18, or 19.5 if the child remains in high school. In a Michigan divorce without minor children, the parties must wait 60 days from the date the Complaint was filed before the Judgment can be entered. The statutory waiting period for a Michigan divorce is found in Michigan Compiled Laws 552.9f. 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. Mail the papers to your spouse at their last known address, or deliver them in person. • 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. For more information on what happens after your divorce, read Finishing Your Michigan Divorce without Minor Children. Step 6: Have your spouse served with the divorce papers. No. A child whose parents have joint custody has two legal residences: the address where each parent lived when the custody proceedings began. Support for Michigan Legal Help is provided by: Copyright © 2021 Michigan Legal Help. 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. The Michigan Supreme Court is providing the information on this site as a public service. Michigan is a “no-fault” divorce state. The instructions below explain which forms you need for each step and how many copies to make. Note: These instructions are general instructions for use in any Michigan County. If your spouse does not file an answer, you must enter a default or the court may dismiss your case for lack of progress. If not, you can print the script from the article Testimony in Final Divorce Hearing. Otherwise, you can use the Do-It-Yourself Fee Waiver to prepare a Fee Waiver Request. Michigan offers a website where you can find “Toolkits” for different divorce needs, including divorcing with or without children and … I am the Plaintiff. File the signed Judgment of Divorce with the clerk’s office so that you will be considered divorced. As mentioned earlier, to get a divorce in Michigan, you do not have to prove any grounds. The judge will sign your Judgment of Divorce or may require you to make changes to it before they will sign. If you are filing for divorce without children, the case code used in Michigan is DO. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. You can get a divorce even if you are the person who did something that made your marriage end. Complete one of those forms, showing the date that you served the Judgment of Divorce and how you served it on your spouse. It basically means that it is highly unlikely you will be able to work things out with your partner. If you want to file for divorce, use the Forms link to prepare your forms. There is no cost for this. You may want to get a copy for your records. Read the Common Questions if you have a specific question. Bring this document with you to the hearing. Contact your Circuit Court Clerk’s Office to find out which steps might be different in your county. Michigan is a “no-fault” divorce state. You can also use the Divorce Process Flow Chart to keep track of where you are in the process. Otherwise, mail a copy to your spouse at their last known address or deliver it to them. The procedures for division of property, child and spousal support, and child custody are also the same. Statute(s) Michigan Compiled Laws Section 552.1, et seq. Make a copy of the Judgment of Divorce for your spouse, and write “Proposed” above the title. For more detailed information, see the article How to Serve Divorce Papers. Are You Being Evicted? Select Your County to Get Legal and Financial Help. These worksheets include detailed checklists of all the information needed to properly fill out the divorce forms. If you are having trouble getting your spouse served in this time, you can file a motion for a second summons. File your forms at the court clerk's office. Topics covered include: 1. Date and sign the Proof of Service and make a copy. This book would help anyone understand how to file for divorce without a lawyer. Support for Michigan Legal Help is provided by: Copyright © 2021 Michigan Legal Help. To learn more, read Introduction to Divorce with Minor Children. Contact the court clerk’s office to schedule a hearing to enter a Judgment of Divorce by default. MCL 552.9f provides that a Michigan divorce without a minor child must wait until “ . 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.” For all of our articles on Michigan divorce, see our Michigan Divorce and Family Law page. After the Judgment of Divorce is filed with the court clerk, the divorce is considered final. 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 … 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. This is to certify that you have served the defendant with the Default Request and Entry form. Ask the clerk for two copies of the Judgment of Divorce (one for your own records, and one to serve on your spouse). 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. 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. The information is updated frequently based upon the needs of our users. Below are brief instructions about attending your final court hearing. The original of each document gets filed with the court. Every divorce in Michigan has a 60-day waiting period, and a divorce with minor children has a 6-month waiting period. There are several different ways you can have papers served on your spouse. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. 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. All Rights Reserved. No. See all formats and editions Hide other formats and editions. The waiting period is the minimum time your divorce will take. 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. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. Arrive 10 or 15 minutes before your scheduled hearing time. 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 divorce papers you need to complete for Michigan will depend on your specific circumstances. No. When children are involved, a divorce cannot be granted until six months have passed. 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. This divorce book was really helpful. (Mich. Comp. Neither spouse is required to be a U.S. citizen to get a divorce in Michigan. 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. 4. If neither you or your spouse has lived in Michigan for at least 6 months, you will have to get divorced elsewhere, or wait to file until one of you meets the 6 month residency requirement. Take the Default Request and Entry form to the court clerk's office. To learn about serving divorce papers, read How to Serve Divorce Papers. Find the Default Request and Entry form that was prepared when you used the Do-It-Yourself Divorce tool. The Testimony in Final Divorce Hearing script will print with your other documents if you used the Do-It-Yourself Divorce tool. Make the changes and reprint the documents you changed. 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). Read all the terms of the Judgment of Divorce as it was originally prepared to see if you need to make any changes. ), Step 2: Get your court fees waived (if you qualify). In part one of the Motion section, fill in the date that you filed your Complaint for Divorce. 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.” You are represented by a law school clinic based on having low income. The Checklists below have step-by-step instructions for getting divorced. After you are logged back in, click on the section that you want to change. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. If you are unable to … There are two forms: Divorce with Minor Children Worksheet (DM Worksheet) and Divorce without Minor Children Worksheet (DO Worksheet). Step 18: What to do after your divorce is final. Mail a copy to your spouse at their last known mailing address. Step 17: Complete and file a new Proof of Service. 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). But, Michigan law offers a similar divorce alternative called separate maintenance. How do I serve papers on my spouse? For general information about divorce, read the Articles. Legal separation is referred to as "separate maintenance" in Michigan. 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. Then file it with the clerk's office. As a rule, a divorce with child in Michigan is really challenging. 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. All Michigan divorce actions are heard in the county Circuit Courts. You Don't Have to “Prove” Anything to Get a Divorce. Record of Divorce or Annulment (In some counties this will be filed at the end of the case. 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. Follow the clerk’s directions and do not interrupt any hearing in progress. Step 12: Send the proposed final Judgment of Divorce and the Notice of Hearing and Motion to your spouse. Easy divorce in Michigan with child: is it possible? If you are unable to pay the filing fee, you can ask the court to waive it. Go to the judge’s courtroom on the scheduled day and time. Dress neatly. If you need something other than legal help, look in Community Services. In paragraph three, write the name and bar number of the judge, if you have it. A party may file a divorce action in Michigan as long as the party filing has resided in the state for 180 days. It depends. Parking; Asbestos - Master Documents & Orders; Business Court; Contractual Opportunities; ... Michigan Court of Appeals; Michigan Supreme Court; National Center for … (Divorce). 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. In Michigan, both parents have a duty to support their child (or children) until the child reaches 18, or perhaps longer (up to age 19 1/2) if the child is still in high school or … After you sign your documents, make copies as follows. Also write the hearing information the clerk gives you. Specific instructions for your county are not yet available. File the original with the court clerk’s office. 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. You will not file all of these forms at the beginning of your case; some you will file later. There is a 60 day waiting period if: The waiting period starts when you file for divorce. Click on Courts & Agencies for the address and phone number of the court in your filing county. However, studies show that it is more common for couples to divorce without children, and it makes things considerably easier from a legal perspective. The court clerk can tell you when to file it in your county. How to File for Divorce in Michigan Step 1 - Download divorce papers for Michigan using one of the buttons above. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. How long does it take to get divorced in Michigan? This toolkit tells you about getting a divorce when you and your spouse have no minor children. 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 … 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). 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. For more detailed instructions about going to court, watch the Going to Court video. If a couple has underage children, they should include a temporary custody order during the pendency of the divorce. 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? When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. 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. 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. Step 16: Serve the Judgment of Divorce on your spouse. All Rights Reserved. Fee Waiver Request (if needed) – 2 copies, Summons – 2 copies (Keep the second page to use as a Proof of Service). 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. 19.5 if the child turns 18, or anything else to get a divorce lawyer referral services find... Be filled out also signed Judgment of divorce by Default really challenging judge will sign court for approval and you. Grants the divorce involves children under the age of 18, the code is DM detailed. All Michigan divorce papers that the court clerk 's office specific instructions getting... That your gross household income is under 125 % of the forms that don! Are two forms: divorce with the court clerk ’ s office so that you created you... 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