The first step in filing for divorce in Michigan is filing a Complaint for Divorce with the court. A complaint is essentially a request to dissolve the marriage and marks the start of formal divorce proceedings. Michigan has no-fault divorce laws, so any party can file for divorce, and they don’t have to prove the other spouse’s fault.
However, divorce proceedings can become extremely complicated when there are disputes regarding property and child custody. In these cases, an experienced family law attorney can work with you to achieve a satisfactory outcome.
Requirements to Get a Divorce in Michigan
Before filing for divorce, you must meet the state’s residency requirements. As long as you meet the residency requirements, you can file for divorce in Michigan, even if you were married in another state. You must have lived in Michigan for 180 days before you can file for divorce. When filing, you must file in the circuit court where you or your spouse has lived for at least 10 days (MCL 552.9).
Michigan is a no-fault divorce state, which means either party can initiate a divorce without proving or even alleging the other did something wrong. The only thing necessary to grant a divorce is that one spouse testifies that the marriage has broken down and there is no reasonable likelihood of reconciliation. Proving fault is not necessary to get a divorce, but the presence of fault can influence critical matters like custody or support decisions.
Process of Getting a Divorce in Michigan: Step-by-Step Guide
Below is a step-by-step process for getting a divorce in Michigan. There may be slight differences in the process depending on the county you file in, so consult with an attorney before taking any steps.
File a Complaint with the Circuit Court
A complaint states basic facts about the case, like the parties’ names and the names of minor children. There is no legal advantage to filing for divorce first, but you can benefit from being prepared and initiating things. Once you file the complaint, you must serve it to your spouse.
Ex Parte Orders Granted
In some cases, courts might issue ex parte orders along with complaints. An ex parte order can establish temporary custody and support arrangements and can be made solely on one spouse’s allegations.
Discovery Process
Once you and your spouse have responded to each other, the next phase is discovery. During the discovery phase, each party must disclose its assets and may have to provide depositions. The point of discovery is to catalog marital assets so they can be fairly split in the divorce agreement.
Mediation (Optional)
In some cases, a judge might order mediation. During mediation, a neutral third party will attempt to reach a mutual agreement. Mediation may be mandatory depending on the county where you are filing for divorce.
Court Hearings
If a settlement cannot be reached, the court will hold hearings to determine divorce orders. These hearings only involve a judge who will hear both sides before making a decision.
Final Divorce Decision
After the hearing, the judge will issue a final divorce order clarifying all matters of child support, custody, and spousal maintenance.
Contact Rodnick, Piraino & Ingber, PLLC, Today to Speak to a Michigan Divorce Attorney
Even when the decision to divorce is mutual and amicable, resolving divorce issues like child custody and spousal support can be difficult. The attorneys at Rodnick, Piraino & Ingber, PLLC, have over a century of combined legal experience and can guide you through divorce matters. We can stand up for your interests and work towards a solution that serves all parties. Contact our offices online or call today for a case consultation with a Michigan divorce attorney.
