Get a Divorce in Michigan

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. 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.

Steps

Making Sure you can get Divorced in Michigan

  1. Meet the residency requirement. To file for divorce in Michigan, either spouse must live in the state for at least 6 months before the filing of the petition. [1]
    • Only one spouse must meet the residency requirement in order to get divorced in Michigan. 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 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.
    • Additionally, either you or your spouse must have lived in the county where you file divorce for at least 10 days before you file.
  2. Have valid grounds for divorce. Spouses in Michigan do not need to prove "grounds" in order to obtain a divorce. The only thing you have to say to get a 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 and permanent breakdown of your marriage and it is unlikely that you and your spouse can work things out. [1]
  3. Find out where to file. You must file a petition for divorce in the county where you or your spouse lives. This county is where your divorce hearings will take place, and where you will turn in all of your paperwork. [1]

Determining What Will be Decided in Your Divorce

  1. Talk to your spouse about property distribution. Michigan courts will “equitably distribute” property when a couple divorces. “Equitable distribution” means that the court can distribute all property that either spouse or both spouses have, regardless of whose name it is in and when the property was acquired. [1] When determining how to divide the property, the court will consider the following: [1]
    • the length of marriage.
    • Each party’s contributions to the marital assets. Contributions include income and other contributions, like being the primary parent.
    • The ages of each spouse.
    • The physical, mental and emotional health of each spouse.
    • the spouse’s standard of living during the marriage.
    • The income needs of each spouse.
    • The ability of each spouse to earn a living.
    • Fault.
  2. Talk to your spouse about making arrangements for your children, if applicable. If you and your spouse have children, the court will come up with a custody and child support arrangement that is in the “best interests of the child.” This could mean that you and your spouse will share custody, or the court could award one party full custody. The court will not give any preference to the mother when awarding custody. To determine what custody arrangement is in the best interests of the child, the court will consider the following factors: [1]
    • The wishes of you and your spouse regarding where your child or children will live.
    • The wishes of your child.
    • 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.
    • The child's attachment to his or her home, school and community.
    • The mental and physical health of the parents and child.
    • Evidence of domestic violence against the child or against either parent.
    • The criminal history of either parent, and of any person living with one of the parents.
  3. Decide whether to request spousal support. In Michigan, it is uncommon for a judge to grant a party alimony (spousal support). [1] However, you and your spouse are free to agree that one party should receive alimony after the divorce. If you don’t agree, the court will decide if one spouse gets alimony by considering the following factors: [1]
    • the length of the marriage,
    • whether the requesting spouse can work,
    • how the marital property was divided in the divorce,
    • whether the spouse who would pay can afford to do so,
    • the requesting spouse’s financial needs,
    • the health of both spouses,
    • each spouse's’ standard of living,
    • whether one spouse is responsible for the other’s support,
    • who was at fault in the ending of the marriage.

Deciding to Hire an Attorney

  1. Determine whether you need an attorney. While having an attorney to advocate on your behalf may insure that the divorce process goes smoothly, you may be able to complete the divorce without a lawyer.
    • 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. 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.
    • If you and your spouse do not agree on how to separate your property, or if you have children and need to come up with a custody arrangement, you should hire an attorney to assist you. 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.
  2. Research local attorneys. If you decide to hire an attorney, you should research possible candidates to find one that is right for you. To begin the process, considering doing the following:
    • Get a referral from a friend or family member who has used a divorce lawyer before. Find out who they hired and if they would recommend the attorney. If you can’t get a referral from anyone you know, check online websites like Find Law, Avvo, and Yahoo Local to find a qualified attorney.
    • 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. During the meeting, you can ask questions about your case and situation, and gage whether you get along with the attorney.
  3. Choose the right attorney for your situation. After meeting with potential attorneys, decide which one is the best for your particular situation. You should consider the amount of experience the attorney has, the price he or she will charge, and how well you got along with the attorney.
    • If, after meeting with an attorney, you think of other questions you would like to ask, don’t hesitate to call back and ask. You should make an informed decision, and the attorney that you are considering should not have any problem answering any and all questions that you may have.
    • If you cannot afford an attorney, you can try to obtain legal help on a “pro bono” (free) basis. To get help finding an attorney, visit http://michiganlegalhelp.org/organizations-courts/.

Filing for Divorce

  1. Gather the required information and complete your forms. To file for divorce, you will need to fill out various forms including a Petition for Divorce and a Summons. To help parties who are representing themselves, Michigan provides an interactive “interview program” where you will be asked questions online and, based on your answers, a completed form will be generated for you to file. Before completing the “interview program,” you will need certain information. [2]
  2. Create a “Law Help Interactive Account.” Before beginning the interactive interview, you must create an account on “Law Help Interactive.”
  3. File your forms. After printing out your divorce forms, you will need to get them notarized and then file them at the court in the county where you live. You do not need to make an appointment to file the paperwork, but you should make sure that you go to the court during its normal business hours.
  4. Serve the papers on your spouse. In order to give your spouse “notice” of your divorce, you must “serve” a copy of the paperwork on them. In Michigan, you can serve in one of the following ways:
    • by having a police officer or sheriff’s deputy personally serve your spouse,
    • by having a process server personally serve your spouse,
    • by having a friend or relative personally serve your spouse,
    • by sending your spouse a copy of the paperwork through certified mail - return receipt requested.
    • Additionally, if you spouse agrees beforehand, you may be able to give the papers to your spouse yourself. However, you should ask the court clerk if this is available in your county, because in most cases you cannot personally serve your spouse.[3]
  5. Wait for your spouse to respond. After your spouse receives the paperwork, he will need to file a response. In most cases, your spouse will have 21 days to respond to your divorce complaint. However, if you served your spouse by mail outside of Michigan, he will have 28 days to respond. [4] Your spouse may file an answer to your petition where your spouse may admit or deny any of the statements that you made in your petition. On the answer, your spouse may also “counterclaim” for divorce. [5]
  6. Wait for 60 or 180 days. After your spouse has responded to your petition, you must either wait 60 or 180 days before the court will enter a judgment for divorce.
    • The waiting period is 60 days if you and your spouse do not have children.
    • The waiting period is 180 days if you and your spouse do have children.

Completing Your Divorce

  1. Attend any required classes. During the waiting period, you may be required to attend required classes with your spouse to work out issues that you may have with each other. Additionally, if you have children, you may be required to attend a parenting class.
    • 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. 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. [4]
  2. Attend your pre-trial proceeding. After you and your spouse have met with the friend of the court and completed any other required classes, the judge may schedule a conference to see how your case is proceeding. [4]
    • 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.
    • 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. Additionally, the judge may set your case for trial so that you and your spouse can fight about your issues in court. [4]
  3. Go to your final hearing. After the pre-trial conference and any other required events, you and your spouse will each get a notice that a final hearing has been scheduled in your case to enter a “Judgment of Divorce.” If you and your spouse cannot settle the issues in your case, this will be a trial where the judge will decide the terms of Divorce. If you and your spouse do agree, the judge will likely defer to the decisions that you have made together. [4]
    • On the day of your hearing, make sure to arrive at the courthouse 10-15 minutes early and dress nicely.
    • You should also bring all of your divorce documents to the hearing.
    • After the hearing, the judge will sign your judgment of divorce. After you get the judge’s signature, you will need to file the judgment with the clerk of court to finalized the divorce.
    • For more information on going to court, watch the video provided by Michigan Legal Aid at http://michiganlegalhelp.org/videos.

Related Articles

Sources and Citations

  1. ↑ Jump up to: 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 http://michiganlegalhelp.org/self-help-tools/family/i-need-divorce-and-i-do-not-have-minor-children
  2. Jump up ↑ http://michiganlegalhelp.org/self-help-tools/family/automated-online-divorce-forms
  3. Jump up ↑ http://michiganlegalhelp.org/self-help-tools/family/i-need-divorce-and-i-have-children
  4. ↑ Jump up to: 4.0 4.1 4.2 4.3 4.4 http://michiganlegalhelp.org/self-help-tools/family/my-spouse-filed-divorce-and-we-have-minor-children
  5. Jump up ↑ http://www.michigandivorcehelp.com/the-divorce-process/part-i-the-divorce-process
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