Michigan Divorce Procedures

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Some terms related to divorce procedure are as follows. Notice of Hearing is used to convey the message that a hearing has been scheduled. A praecipe is a court form that requests that the matter should be discussed during a hearing. A motion is used to request the court about granting some sort of relief.

Some aspects of Michigan Divorce Procedure

• Filing the Complaint for divorce is the first step in the divorce procedure. The Complaint comprises of the following information
  • Names of the divorcing partners
  • Place, date of marriage and by whom the marriage took place
  • The names and birth dates of children, if any
  • The names of the husband and wife prior to marriage
  • Duration of residence in the state as well as country
  • Date of separation
  • Grounds for divorce
  • Statement regarding property
  • If the wife is pregnant, it is stated so
  • The requested relief
• A Summons is served to the Respondent with an intention that a lawsuit has begun
• If the Respondent is personally served in this state, the Respondent is allotted 21 days to file a Response
• If the Respondent is served outside this state or served by mail, then 28 days are allocated for the Response
• In case the Respondent fails to file a Response within the stipulated duration, it is considered as a default. Such a Respondent is restricted from taking part in the divorce proceedings
• When the service is made on the Respondent, the Affidavit of Service and the Return of Service is made
• The Affidavit of Previous Suit is made to intimate the court if the divorcing partners had filed for divorce in the past or were entangled in some other case in some other court
• The Friend of Court is made aware of the necessary and relevant facts by preparing a Statement to the Friend of the Court. Sometimes the services of the Friend of the Court are unnecessary and in such cases the related Statement is also not required
• Next, an Affidavit is made that states the residences of the children during the 5 years prior to the filing date. It also states that there is no pending custody action concerning the child or children (This is solely required if the divorce involves minor children)
• The Michigan Department of Health maintains a statistical record of the divorce
• If the court desires to prohibit a divorcing partner from executing certain actions, then an Injunction is passed
• The court passes Ex Parte orders for issues like support and custody for a temporary slot of time
• The expenses of divorce include the circuit court filing fee, charge for serving papers, costs of depositions, accountants, actuaries and appraisers. Additionally, there may be judgment fees and Friend of the Court fees
• The final document in a divorce procedure is the Judgment of Divorce. The terms of the divorce are mentioned in it and the divorce is granted through this document.

Highlights of Michigan Divorce Procedure

• The person who begins the lawsuit is known as the Plaintiff
• The person against whom the lawsuit is filed is called as the Defendant
• The Family Division of the circuit court resolves the divorce
• The responsibility of the office of the Friend of the Court is to issue recommendations for parenting time, custody, child support and spousal support. This office gathers and disburses the payments of child support and spousal support
• The other routine of the office of the Friend of the Court is to request enforcement of court orders relating to parenting time, spousal support and child support
• The Court might utilize the Friend of the Court for issuing a recommendation regarding property distribution
• Initially, the Complaint and Summons are filed and served
• Then, the Defendant files an Answer. This document is a paragraph by paragraph response to the complaint
• If the Defendant does not file an Answer, the case is treated as an uncontested one and an order of default is entered
• If the Answer is filed by the Defendant, the case is categorized as a contested one. In such circumstances, the Defendant has the right to file a counterclaim along with the Answer
• It is the responsibility of the Plaintiff to answer to the counterclaim

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