Filing for a divorce is different in every state here in the United States of America. So how to file for divorce in Michigan may be different than how you do it in Florida, California and others.
If you live in Michigan and want to know about how to file for a divorce, the below overview will be very helpful.
Even so, it’s a good idea to hire a divorce lawyer to help you through this stressful and, at times, confusing process. While it’s not difficult per se, you do have to do things correctly. And any mistakes made along the way can make things more difficult for you. And they can drag the process out longer than it needs to be.
So, with that said, here’s a summary of what you should know about filing for divorce in the state of Michigan.
How To File For Divorce In Michigan
Before we get started, it’s vital to know that Michigan is a no-fault divorce state. That means that you do not have to state your spouse’s fault when you get a divorce.
In Michigan, the judge can also order a mediation divorce rather than a court trial divorce. This is more applicable for spouses who are having trouble resolving divorce issues such as child support, custody, and more.
Meet The Residency Requirements
Before you can file for a divorce in Michigan, you first need to meet the residency requirements in the state. What this means is that at least one of the spouses must be a resident of the county for six months where they file for the divorce.
Preparing Your Forms
The second prerequisite requirement to be able to file for a divorce is to prepare the forms that the state requires. The forms that you need to complete are the summons, complaint for divorce, and more.
The Michigan Court has a website that allows you to get the divorce forms that you need to file for the divorce.
Again, Michigan is a no-fault divorce. A no-fault divorce can be filed by simply stating that the marriage is irretrievably broken.
Filing For A Divorce
You will file for the divorce in the local county circuit court. One or both spouses must provide proof 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 is according to the Michigan Divorce Statute 552.6.
Serving Your Forms
The next step is to serve the divorce forms to your spouse. There are three ways in which you can serve your spouse the divorce complaint. They are:
- Through a non-party at the age of 18
- Sheriff deputy
- Private process service
Once service is completed, the spouse served has 21 days to respond. If the divorce in is filed outside of the state of Michigan or through mail, the time-frame may be extended. It can be up to 28 days.
At this point the spouse has either the 21 or 28 days to respond. If they do not respond within that time, then the divorce is considered uncontested and a default order may be entered.
The waiting period is 60 days if there are no children in the mix. On the other hand, if the ex-couple have children together there is a six-month waiting period before the divorce can become final.
If both parties do not resolve their issues, the divorce can go on even longer than that.