While each case is unique, all divorce matters involve a mandatory multi-step process before finalization. Please continue reading as we explore what you should know about these matters and how an experienced Washtenaw County Divorce Attorney can help you navigate every step of the divorce process.
What Are the Legal Requirements for Dissolving a Marriage in Michigan?
Before you can dissolve your marriage in Michigan, you must first meet the state’s residency requirements. Under Michigan law, one of the parties must be a Michigan resident for at least 180 days before filing. They will also need to have lived in the specific country where the complaint is filed for at least 10 days prior.
In addition, you will need a valid reason to end the marriage. Michigan is a no-fault divorce state, which means you don’t have to prove fault, like adultery or abuse, to obtain a divorce. The only requirement is to demonstrate that the marriage has irretrievably broken down beyond repair.
It’s important to note that if you and your spouse can agree on all of the terms that will apply to the termination of your marriage, like property divisions, custody, and alimony, you can pursue an uncontested divorce. This is often more desirable due to lower costs, reduced stress, less time-consuming, and the ability to maintain a more amicable relationship. If you disagree on any of these issues, it will become a contested divorce, which will likely require more time and resources.
What Does the Divorce Process Entail?
In Michigan, dissolving a marriage necessitates navigating a structured legal process involving various distinct stages. Initially, one spouse must file a Complaint for Divorce with the relevant county’s Circuit Court. This officially commences the proceedings and outlines the grounds for seeking dissolution.
Following this filing, the other spouse, known as the defendant, must be formally served with a copy of the complaint and a summons. This notifies the defendant of the divorce action and requires them to file a response with the court within 21 days or 28 days if served outside of the state. This allows the defendant to raise counterclaims or defenses. Failure to file an answer with the court within this specified timeframe can result in a default judgment. This means the judge will rule in favor of the petitioner, granting them what they requested in the divorce papers.
If your divorce involves minor children, you will be required to file a Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) Affidavit. This details the children’s residences for the past five years and confirm the absence of other custody cases. You will also need to file a Verified Statement (Form FOC 23) with the Friend of the Court. This supplies essential identifying information. This is not mandatory if both parties choose to opt out.
Generally, both parties are required to exchange a Domestic Relations Verified Financial Information Form (CC320) after service of the initial responsive pleadings to aid in the understanding of each spouse’s financial situation. This is a full disclosure of assets and debts. You may need to file an ex parte order if you believe that there is an immediate need for protection or to prevent harm before the other party can respond. This motion can help preserve the living situation of the children before a temporary order is established. This can also prevent a party from disposing of or dissipating assets.
For more information, please don’t hesitate to contact the dedicated team at Collis, Griffor & Hendra.
