How to file divorce in michigan

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DivorceWriter offers a money back guarantee if your documents are not accepted by the Court. You have qualified to use DivorceWriter to complete your Michigan divorce papers online. Select "Continue" to start the interview. Home About Us. However, this site does not provide legal advice and use of this site is not a substitute for hiring an attorney licensed to practice in your state. Depending on the county where papers are filed, there may also be some added miscellaneous costs as well. Be prepared to document your lack of resources or income. The court will review your request in about a day or so and then either grant or deny your request.

It is possible to automate the divorce process online in Michigan to a certain degree. You can start a divorce by filing a summons, complaint and other related documents by completing an Automated Online Divorce Forms interview on the Michigan Legal Help website.

Why You Should File First for a Michigan Divorce -

After you input required information, forms will be generated that you can use to move the process forward. This process works best if you are dealing with a simple and uncontested divorce.

Timeline for Michigan Divorce

The more complicated your divorce is, the more you should take a hands-on approach. It is also possible to do some of the initial paperwork online by retaining the services of a private family law attorney or using one of several firms who specialize in automating the divorce process.

You can engage both of these entities online, or by trading emails to complete much of the documentation. This can save time and money, especially when both parties are in agreement about the terms of a divorce. However, once paperwork is completed, regardless of how it is completed, you must still file the documentation in person at the courthouse in the county where you live. The paperwork will then need to be filed in person with your spouse according to the procedures laid out by the county where you live. An uncontested divorce in Michigan can be granted in Michigan in as little as 60 days if no children are involved.

How long is this going to take?

When children are a part of the proceedings, a divorce cannot be granted until a minimum six months have passed. Keep in mind that there are often delays due to forms being filed the wrong way or if there are disagreements regarding any part of the divorce process. Sixty days and six months are best-case scenario minimums but are rarely the case.

1. Determine Eligibility to File for a Divorce

You must also make sure you meet the residency requirement for a Michigan divorce. You must be a resident of the state for at least days immediately prior to filing. You also have to be a resident in the county where you file for at least 10 days prior to filing as well. Contested divorces or divorces where negotiations must take place regarding custody, alimony, child support and a division of assets will increase the time frame that it takes to reach a settlement. It is not uncommon for some high asset or hotly contested divorces to take as much as one to two years or more.

Much of the duration depends on your personal circumstances.

Michigan Divorce Forms and Process - FindLaw

To file for a divorce in Michigan, one spouse needs to have been a resident of the state for at least days immediately prior to filing. In addition, the person who files must also have been a resident in the county where they filed for at least 10 days immediately prior to filing.

It is possible to get a divorce in Michigan without using a lawyer as long as you meet all requirements for an uncontested divorce. You and your spouse must agree on all parts of the settlement, including asset division, alimony, child custody and support and all other related matters. In addition, you must also meet the residency requirement of living in the state for six months prior to filing and in the county where you are filing for a minimum of 10 days. Michigan offers Do-It Yourself toolkits based on different divorce scenarios that will walk you through all the steps required to complete a divorce on your own.

Another way to avoid using a lawyer while going through a divorce in Michigan is through the use of a mediator, as long as both you and your spouse agree on this option. Over the course of one or more sessions, a mediator will review financial documents, forms and worksheets as part of a discovery process and then guide you and your spouse through a series of discussions about the outstanding issues, attempting to peacefully resolve things such as child support and custody, alimony and a division of assets.

Once these issues are resolved, a mediator will draft a Memorandum of Understanding and you will file this document with the court as part of your divorce process. Going this route saves time, money and stress in most cases. Characters remaining: It's one of the top resources I recommend, because they're excellent at what they do. Chat With Us. Copyright Rocket Lawyer Incorporated. Rocket Lawyer provides information and software only. Rocket Lawyer is not a "lawyer referral service" and does not provide legal advice or participate in any legal representation.

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If you have questions, comments, or concerns, please contact us at attorneyservices rocketlawyer. I understand. You are using an unsupported version of Internet Explorer In order to continue using our website, please upgrade your browser by clicking here. Make a document Start a business Ask a lawyer Solutions Pricing. Michigan is a purely no-fault divorce state, meaning that there is no need to prove grounds like adultery or impotence in order to get a divorce.

One must simply state that the marriage has been broken down to the extent that all the objects of matrimony have been destroyed. However, be aware that classic "fault grounds" can play a role in the court's decision on child custody, property rights and spousal support.

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In the state of Michigan a divorce can be granted even if one of the parties does not want the divorce to occur. There is no need to be separated in order to get a divorce, in fact, couples can still live under the same roof, just not as husband and wife. Fill out your Forms The plaintiff must pay a filing fee, and file a complaint within the family division of the circuit court asking to be granted a divorce from the defendant.

Within the complaint, the plaintiff must identify the parties involved, and describe his or her grievances and how he or she is seeking remedy. After the filing, the court then issues a summons, and a copy of the complaint and the summons is served on the defendant, who then has 21 days to respond by filing an answer in the same circuit court.

If the plaintiff fails to file an answer or responsive plea, than the court may enter a default judgment and rule in favor of the plaintiff.

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how to file divorce in michigan How to file divorce in michigan
how to file divorce in michigan How to file divorce in michigan
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