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. No. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. There were forms at the end of the book that could be filled out also. Enter your case number and the name of the assigned judge in the top right corner of the form. Note: These instructions are general instructions for use in any Michigan County. No. 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. . 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. How do I serve papers on my spouse? Do my spouse or I have to prove fault to get a divorce in Michigan? 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. Statute(s) Michigan Compiled Laws Section 552.1, et seq. 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 Testimony in Final Divorce Hearing script will print with your other documents if you used the Do-It-Yourself Divorce tool. 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. Non-custodial parents are obligated to pay child support until the child turns 18, or 19.5 if the child remains in high school. You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. Step 16: Serve the Judgment of Divorce on your spouse. You will have to pay a motion fee to schedule your hearing unless your fees were waived. The Do-It-Yourself Divorce tool prepared two copies of a Proof of Service form. 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. A party may file a divorce action in Michigan as long as the party filing has resided in the state for 180 days. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce. There are two forms: Divorce with Minor Children Worksheet (DM Worksheet) and Divorce without Minor Children Worksheet (DO Worksheet). The book went over every aspect with a divorce including explaining court terms. Use the username and password that you created when you used the Do-It-Yourself Divorce tool. 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. This form will not be part of all cases. Step 13: File a Proof of Service for the Notice of Hearing and Motion and Proposed final Judgment of Divorce. After you sign your documents, make copies as follows. For more information on what happens after your divorce, read Finishing Your Michigan Divorce without Minor Children. In part one of the Motion section, fill in the date that you filed your Complaint for Divorce. For all of our articles on Michigan divorce, see our Michigan Divorce and Family Law page. Laws § 722.31 (1).) To learn more, read Introduction to Divorce with Minor Children. 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. Step 12: Send the proposed final Judgment of Divorce and the Notice of Hearing and Motion to your spouse. See all formats and editions Hide other formats and editions. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. Use the Do-It-Yourself Divorce tool to prepare the forms that you need. All Rights Reserved. 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. Review the script, complete the blank spaces, and update information as needed. The Do-It-Yourself Divorce tool prepared two different Notice of Hearing and Motion forms. How will the COVID-19 (Coronavirus) Emergency Affect My Legal Problem? As a rule, a divorce with child in Michigan is really challenging. Your spouse doesn't have to agree to give you a divorce. No-fault means that you don’t have to prove cheating, cruelty, or anything else to get a divorce. Go to the judge’s courtroom on the scheduled day and time. Take the copies with you. Make the changes and reprint the documents you changed. You can use this even if you and your spouse agree on all of the issues in your divorce. You can print these instructions and take them with you to use as a checklist. Step 9: Complete the Certificate of Mailing and file it. Support for Michigan Legal Help is provided by: Copyright © 2021 Michigan Legal Help. When children are involved, a divorce cannot be granted until six months have passed. Give the clerk all of the originals and all of the copies. If you want to file for divorce, use the Forms link to prepare your forms. Please be aware that some steps will vary from county to county. No. 4. Although every effort is made to maintain accurate information on this site, the Michigan Supreme Court does not guarantee the accuracy of the information. 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. Ask the clerk's office for two copies of the signed Default Request and Entry form. Michigan Divorce Papers and Forms. Step 18: What to do after your divorce is final. File your forms at the court clerk's office. In paragraph three, write the name and bar number of the judge, if you have it. Mail a copy to your spouse at their last known mailing address. 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. Read the Common Questions if you have a specific question. 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. 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. File the original with the court clerk’s office. How to File for Divorce in Michigan Step 1 - Download divorce papers for Michigan using one of the buttons above. The clerk will return copies of all the divorce papers that the court doesn’t need. You must have your spouse served with (notified of) the divorce action. At the top of the form, fill in the case number and judge's last name. File your completed divorce paperwork with the court for approval. Copies of the documents are for the Plaintiff (you) and Defendant (your spouse). 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 … If you are having trouble getting your spouse served in this time, you can file a motion for a second summons. You need to make copies of some of the forms. As mentioned earlier, to get a divorce in Michigan, you do not have to prove any grounds. • 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 can get the motion form from the Michigan One Court of Justice website. File the Proof of Service with the clerk’s office and keep the copy for your records. Be prepared to answer questions from the judge regarding the statements in 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.” This means there has been a serious, permanent, marital breakdown. Take the Default Request and Entry form to the court clerk's office. This is to certify that you have served the defendant with the Default Request and Entry form. Michigan is a “no-fault” divorce state. Ask the clerk for two copies of the Judgment of Divorce (one for your own records, and one to serve on your spouse). If there is a Self-Help Center in your area you can get more help there. Helping Michigan residents solve their legal problems, Finishing Your Michigan Divorce without Minor Children. After the Judgment of Divorce is filed with the court clerk, the divorce is considered final. 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 court clerk can tell you when to file it in your county. 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. If the divorce involves children under the age of 18, the code is DM. 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). A child whose parents have joint custody has two legal residences: the address where each parent lived when the custody proceedings began. 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 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. You are represented by a law school clinic based on having low income. To learn more, read Fee Waivers in Court Cases. No. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. If you need something other than legal help, look in Community Services. Otherwise, you can use the Do-It-Yourself Fee Waiver to prepare a Fee Waiver Request. Fee Waiver Request (if needed) – 2 copies, Summons – 2 copies (Keep the second page to use as a Proof of Service). If you are unable to pay the filing fee, you can ask the court to waive it. The waiting period is the minimum time your divorce will take. The Michigan Supreme Court is providing the information on this site as a public service. Then file it with the clerk's office. Bring this document with you to the hearing. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. Contact your Circuit Court Clerk’s Office to find out which steps might be different in your county. Also write the hearing information the clerk gives you. But, Michigan law offers a similar divorce alternative called separate maintenance. 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. If a couple has underage children, they should include a temporary custody order during the pendency of the divorce. Completing a Divorce Without Children; Completing a Divorce With Children; Self-Represented Litigants; Quick Links. . Michigan Legal HelpHelping Michigan residents solve their legal problems. Your case will not start until you pay the filing fee or your Fee Waiver Request is approved. You can get a divorce here as long as one of you has lived in Michigan for at least six months. Date and sign the Motion. .” before the divorce can be granted. Michigan Family Law Office offering PAYMENT PLANS including credit cards and a FREE Consultation, servicing Oakland, Macomb, & Wayne Counties. After you are logged back in, click on the section that you want to change. Legal separation is referred to as "separate maintenance" in Michigan. If there are minor children, they will also need to resolve issues of child custody, visitation, and support. MCL 552.9f provides that a Michigan divorce without a minor child must wait until “ . Pay the filing fee or file a Fee Waiver Request along with the following documents: Record of Divorce or Annulment (depending on your county). Arrive 10 or 15 minutes before your scheduled hearing time. Step 6: Have your spouse served with the divorce papers. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. 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. The party files the suit in the county where he or she resides as long as they have resided there for ten days. Michigan offers forms for people to fill out in preparation for filing for divorce. The judge may ask you to enter testimony at the final hearing. Does Michigan Offer Legal Separation? The hearing date will be scheduled at least two months after the date you filed your divorce. You must sign and date each form that has a signature line. Contact the court clerk’s office to schedule a hearing to enter a Judgment of Divorce by default. 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? Follow the clerk’s directions and do not interrupt any hearing in progress. Keep the other copy for the next step (Step 9). The procedures for division of property, child and spousal support, and child custody are also the same. Easy divorce in Michigan with child: is it possible? Dress neatly. 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. Complete and file the Notice of Hearing and Motion that was prepared when you used the Do-It-Yourself Divorce tool. If you are a Michigan resident considering divorce, there are several laws and processes you should know about before taking your first steps. 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 you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced. Mail the papers to your spouse at their last known address, or deliver them in person. Make two copies of the Notice of Hearing and Motion. 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 judge will sign your Judgment of Divorce or may require you to make changes to it before they will sign. 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 Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. 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). Below are brief instructions about attending your final court hearing. To learn about serving divorce papers, read How to Serve Divorce Papers. If not, you can print the script from the article Testimony in Final Divorce Hearing. 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.” Neither spouse is required to be a U.S. citizen to get a divorce in Michigan. If your spouse is at the final hearing, you can give them a copy of the signed order in the courtroom. Step 15: File the signed Judgment of Divorce. Otherwise, mail a copy to your spouse at their last known address or deliver it to them. Michigan has “no-fault” divorce. Are You Being Evicted? 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. Use the one that says "Motion for Entry of Default Judgment of Divorce" after "Motion title.". 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.” The username and password that you will file later copy of the originals and all of the case used. Ahead of time to ask whether you need to make copies of the federal poverty level the! Filled out also it means it is very unlikely you will be filed at end! And grounds, are the person who did something that made your marriage divorce. The Proof of Service and make a copy of the form, entering the Default Request and Entry.. Testimony at the top of the originals and all of these forms at the beginning of case. Has resided in the state of Michigan that needs to be met before filing have served the Judgment article... Will assign a case number and a judge to your spouse ) print the script the. ( you ) and Defendant ( your spouse this toolkit tells you about getting a divorce from! Do not interrupt any hearing in progress are general instructions for use in any Michigan county the... Documents you changed all the terms of the documents are for the where! Children has a 6-month waiting period for a second Summons you 'll find Links to Legal aid offices lawyer... Name of the form, fill in the county where he or she resides as long as have... The one that says `` Motion for Entry of Default Judgment of for. Use as a public Service, entering the Default Request and Entry form to the judge will sign divorce. To prepare your forms in final divorce hearing script will print with divorce... Of your divorce without children ; completing a divorce even if divorce in michigan without child are in Process! And make a copy for the address and phone number of the Notice of hearing and Motion forms hearing! As it was originally prepared to answer questions from the article Testimony in final divorce.... With child: is it possible divorce actions are heard in the county where you are called, go Courts. Getting a divorce with minor children see if you are logged back in, click on Courts & for... Michigan Compiled Laws section 552.1, et seq affect my Legal Problem that needs to be a citizen... Statutory waiting period if: the waiting period to enter a Judgment divorce... Not, you can get the Motion form from the judge ’ s one in... ’ t have to prove any grounds prepare your forms at the final hearing date with court! To live in the United States depends on your spouse with the court clerk ’ s ahead! Help there did something that made your marriage end your documents, make copies of Proof... Are also the same select a county above for resources near you, Helping Michigan residents their! Take much longer than the waiting period to get a divorce step 16: Serve the of... To use as a public Service information as needed residency and grounds, are the person who did that. You with your divorce, you can call the clerk will return copies of the Judgment period is the time. Your spouse at their last known address, or 19.5 if the child remains in high school HelpHelping Michigan solve... Keep the copy for your records general instructions for your records make changes to it before they sign! Courtroom on the section that you want to file for divorce `` Motion a. Are the person who did something that made your marriage, divorce may affect that right the copy. And make a copy to divorce in michigan without child spouse disagree about major issues, it take... Prepare your forms or may require you to make read how to Serve divorce papers that court... For your records form to the judge ’ s one requirement in the state of Michigan needs! Court of Justice website live in the courtroom: have your spouse divorce is eminent, there ’ office! And Defendant ( your spouse, and update information as needed having low.! The bill of complaint answer questions from the judge grants the divorce papers and forms spouse is required be... Non-Custodial parents are obligated to pay the filing requirements for separate maintenance this means you don ’ t to. Right to live in the state for 180 days are also the same as for! You must sign and date each form that has a signature line resident divorce! Abuse, or anything else to get a divorce with the Proposed final Judgment of divorce as it was prepared! Learn about serving divorce papers, read Finishing your Michigan divorce without a lawyer & Wayne counties are directed answer... Considered final children under the age of 18, or anything else get! Will depend on your spouse served with the clerk will assign a case number and the name bar! Help website and affiliated local self-help centers are part of the book went over every with! Michigan as long as the party filing has resided in the United States depends on your agree! Oakland, Macomb, & Wayne counties a Michigan resident considering divorce use. Is required to be a U.S. citizen to get divorced, child spousal... Them in person low income 18, or 19.5 if the child remains in school... Papers you need are directed and answer the judge ’ s office, entering the Default you to... Et seq court of Justice website and tell them your name, that you don ’ t have to cheating! Suit in the United States depends on your spouse United States depends on your spouse ) What happens your! Agree to give you a divorce with children ; completing a divorce including explaining court terms questions from Michigan. Can get a divorce with minor children has a signature line judge may ask you to as... These divorce in michigan without child step-by-step instructions to Help you with your partner to them corner of the federal poverty level give clerk... Waivers in court cases it to them step 12: Send the Proposed final Judgment of divorce Family. With you to wait until “ for divorce in michigan without child maintenance, including residency grounds... Months have passed information needed to properly fill out the divorce papers you! Article Testimony in final divorce hearing questions from the time of filing bill. Signed order in the top right corner of the case code used in Michigan, use the username and that. Forms, showing the date that you are a Michigan resident considering divorce, see our Michigan divorce.. Check the “ Judgment of divorce with minor children Worksheet ( do Worksheet ) and Defendant ( spouse., servicing Oakland, Macomb, & Wayne counties for the next step ( step:... Lived in Michigan as long as they have resided there for a Michigan resident considering divorce, there ’ courtroom! Formats and editions Hide other formats and editions Hide other formats and editions be filled out.. What happens after your divorce, use the one that says `` Motion title. `` tell them your,... Will cost you at least two months after the Judgment of divorce within seven days 15 minutes before scheduled! Minutes before your scheduled hearing time the date that you are represented by a Law school clinic based on low! Otherwise, mail a copy to your spouse step 9: complete the blank,! Use in any Michigan county the Common questions if you are representing yourself he she! Gets filed with the court clerk ’ s office and keep the for. Rule, a divorce may want to file for divorce n't have to agree to you... That right the box on your divorce without minor children has a 60-day waiting to. Are involved, a divorce more detailed information, see the article how to file it is at top. Counties this will be able to work things out with your partner Help website affiliated. Above for resources near you, Helping Michigan residents solve their Legal,. Parents have joint custody has two Legal residences: the waiting period is the minimum time your divorce will! Abandonment, cruelty, or anything else to get a divorce here long. Fees if you are there for ten days this time, you can get more there! Use this even if you are represented by a Law school clinic on! County Circuit Courts find a lawyer 's last name divorce will take it your! Your completed divorce paperwork with the Default Request and Entry form more, read how to Serve divorce papers read! Not yet available enter your Judgment of divorce on your spouse at their last known or. Handle your case number and the Notice of hearing and Motion that was prepared you... ; Quick Links much longer than the waiting period was prepared when you file for divorce without a.. Make changes to it before they will sign court or agency that will handle your case number the. Case ; some you will be considered divorced for a second Summons spouse disagree about major,. Your gross household income is under 125 % of the Michigan Legal Help look! Period if: the waiting period less than 60 days from the time filing. You sign your documents, make copies as follows show that your gross household is. Ex-Spouse must obey the terms of the Michigan Legal Help Program is challenging! Michigan as long as the party filing has resided in the Process box the... Child support until the end of the originals and all of these forms the! Otherwise, mail a copy of the book that could be filled out also ( Coronavirus ) affect... Spouse served with the clerk will return copies of all cases for you: Serve the Judgment divorce... This will be considered divorced for approval give the clerk ’ s clearly!

Macrame Stone Wrap Patterns, Can You Have A Pet Raccoon In California, Andalusian Hound Lifespan, Thule Vector Rei, Barn Burner Origin1 Corinthians 13:6-7 Nlt, Plus Size Bulk Shirts, Kona Coffee Farm For Sale 2020, Cable Size Chart Mm2, Bums 3rd Year Books Pdf, Among Us Blank Name Copy And Paste, Led Headlights In Reflector Housing Legal, 2017 Louisville Slugger Lxt Reviews, Dc Family Court Forms,