Use this tool to create forms to answer if your spouse has filed for divorce. If you agree on all the terms of your divorce, you have an uncontested divorce. Just because a divorce isn`t contested doesn`t mean the judge will approve all your agreements. The terms of your divorce should always be reasonable and respect the law. For example, the division of ownership must be equitable. If you`re just starting your divorce, use DIY divorce instead. If you want to respond to a divorce filed by your spouse, use the do-it-yourself answer and the counterclaim. A Michigan court can grant you a divorce if you have a valid common-law marriage. A de facto marriage is an agreement between a man and a woman to live together as husband and wife without being officially married. Few States today recognize de facto marriage. Michigan has not allowed de facto marriage since 1957. Michigan only recognizes common-law marriages that: You must have your spouse served with the divorce lawsuit (notified). There are several ways to have documents delivered to your spouse.
For more information, see How to serve divorce documents. Find a self-help centre near you for additional help with court representation. You will be asked a series of questions and your answers will be used to create your divorce forms. If you don`t know the answer to a question, you can leave it blank, but you may need to fill out this information by hand before submitting your court forms. When you`re done, you can print or save your documents. If your spouse is in default and does not file an application to cancel the default, you can ask the judge to make a divorce decree with the conditions you want without the intervention of your spouse. This does not mean that the judge will automatically approve the verdict you propose. The terms of your divorce should always be reasonable and respect the law. For example, the division of ownership must be equitable. Michigan has a “no-fault” divorce. No guilt means you don`t have to prove cheating, abandonment, cruelty, or anything else to get divorced.
Your spouse does not have to agree to give you a divorce. You can divorce even if you did something that ended your marriage. You don`t need to have a legal separation or even live apart to file for divorce. Use this tool to prepare Michigan divorce application forms. You will visit the LawHelp Interactive website to do so. Once you`ve answered the questions, your completed forms and instructions are ready to print. While your divorce is pending, you and your spouse may decide that you don`t want a divorce. If you have filed a divorce complaint and your spouse has not responded or made a request in the case, you can file a termination form without your spouse`s signature. If your spouse has already filed a response or request in the matter, you can only file a notice of termination if you and your spouse both sign. While you don`t have to prove guilt to divorce, a spouse`s behavior during marriage can affect the outcome of your divorce. The judge may consider errors in decisions about spousal support and division of property. You or your spouse must have lived in Michigan for at least the last 180 days prior to filing.
You must file your divorce in the district court of the county where you or your spouse lived for at least ten days before filing it. Most people register in the county where they live, but you don`t have to. You can submit where your spouse lives. If the parties to the divorce do not have children, there is a waiting period of 60 days (approximately 2 months) from the day the case is filed before a divorce can become final. If children are born or conceived during marriage, the waiting period is 180 days (about 6 months). Bring all your divorce documents to the hearing, including the divorce decree. Be prepared to answer the judge`s questions about the statements in your divorce suit. Use this calculator to find out if you are eligible to receive food stamps (PAFs) and, if so, an estimate of how much you can receive.
Use this tool to prepare Michigan divorce application forms. If your spouse does not file and respond in a timely manner and you do not file a standard application and registration, the court will reject your divorce application. You must submit the standard application and filing form to advance your divorce case. You may be referred to a mediator during the waiting period in your case. A mediator is often hired to help you and your spouse reach an agreement on the issues in your case. If you can`t agree, the mediator can make a recommendation. If there has been domestic violence in your marriage, mediation is not recommended. Let the court know if you have a personal protection order or if you are afraid to negotiate with your spouse.
For more information, read Mediation and other forms of settlement. In order to conclude a divorce case and obtain a final divorce decree (divorce decree), decisions must be made on the division of property and debts and on children. These decisions can be made with the agreement of the parties to the divorce (settlement) or by the court (trial). Resources are available to help the parties reach a settlement agreement, including mediation and a settlement conference. If the judge grants a divorce, you will be asked about your divorce decree. The judge will sign your divorce decree or ask you to make changes to it before signing it. If your spouse wants to participate in the divorce case, they must submit a response to the court and send you a copy in a timely manner. Your deadline is 21 days after receiving your summons and your petition for divorce if these documents were served on you personally. If delivered by mail or outside the state of Michigan, they have 28 days to submit and deliver a response.
You may receive a notice of pre-litigation proceedings, such as a hearing or conciliation conference, from the court. The court uses them to check with the parties if they are making progress in accepting the terms of their divorce. If you are aware of a pre-trial proceeding, be sure to attend, otherwise your case may be dismissed for lack of progress. Once the divorce documents have been served on your spouse, the person who served them must complete the “Proof of Service” form (the second page of the summons). Normally, this person will submit the proof of service to the court and send you a copy, but you should discuss this with the person first. If you divorce, the judge will end your marriage and the legal benefits that come with it. Due to Michigan`s no-fault law, you don`t have to give a reason for the marriage breakdown. You don`t need to have a lawyer in a divorce case, but representing yourself in a divorce is not easy. Consider talking to a lawyer about your rights and options, even if you decide not to hire one. Having a spouse on active military service can also complicate your divorce case.
It can be difficult to find and deliver documents through a member posted abroad. There are also state and federal laws that provide additional civil protection to people on active duty. For example, the court will not render a default judgment against an active spouse without first appointing a lawyer for the working spouse. If you are filing for divorce and your spouse is on active military service, you should talk to a lawyer. To divorce in Michigan, at least one spouse must testify that “the conjugal relationship has broken to the point that the objects of the marriage have been destroyed and there is no reasonable likelihood that the marriage can be preserved.” This means that there has been a serious and permanent marital breakdown.