Uncontested Divorce in Michigan

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An uncontested divorce is less-complicated and easier as compared to a contested process. It is generally observed that those separating couples who opt for a mutual dissolution can maintain a better relation between their former spouses even after the Decree is granted. The reason is that since the couple is in complete agreement regarding the major issues that they faced, they can part ways satisfactorily. Also, they can pay due attention to their children and take care of the fact that the children are not hampered by the their separation. Due to these benefits, most of the couples in USA opt for such type of procedures. This kind of dissolution is a common phenomenon in Michigan. A couple interested in an uncontested divorce in Michigan has to follow the rules and procedures as specified by the state laws.

Michigan is a no-fault divorce state where the spouse filing for the action is known as Plaintiff. The other spouse is known as the Defendant. The information given below will act a source of knowledge for you in learning the different dimensions of an undisputed process. Read this information carefully and note down the points or procedures that are relevant in your case.

Residency Requirements

In order to file for such case in Michigan, one of the partners need to be a resident of the state for at least a period of six days. They also need to reside in the county for 10 days.

Venue for filing the court action

The action is filed in the County Court.

Consent Forms applicable for an Uncontested Divorce in Michigan

The Plaintiff is supposed to file the below mentioned forms in a Consent separation as well as an undisputed dissolution:

  • A Record of Divorce or Annulment: This is an administrative form. The intention of filing this form is to maintain a track of such cases in the state.
  • A Judgment: This form terminates the marriage.
  • An Answer and Waiver: This is used to establish that the Complaint has been received by the Defendant and the action may be taken forward.
  • A Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) Affidavit: It is compulsory to fill this form if the divorcing couple has minor children. This form proves the legitimate native state of these children. The issues of parental kidnapping and prevention of child abuse are also taken into account in this form.
  • The Marital Settlement Agreement: This form comprises of all the important information regarding the agreement between the divorcing partners. It is inclusive of the following:
    • Alimony
    • The distribution of liabilities and assets
    • Child Visitation
    • Health Care Insurance and all the related Expenses
    • Child Support
    • Child Custody
    • Any issues that are uniquely faced to the divorcing couple.
  • A Verified Statement and Application for IV-D Services: This form is essential when children are involved in the court proceedings. The Friend of the Court uses this form for the collection, recording and enforcement of child support.
  • A Complaint for Divorce: This form is used to initiate the action. It comprises of the following:
    • Statistical information regarding both divorcing partners
    • Identification of the grounds for the case
    • Identification of the minor children, if any
    • Information whether or not property would be divided
    • Information whether support is requested

Additional forms for Uncontested Divorce in Michigan

  • A Request for Certificate of Military Service Status: This form is used to certify if any of the divorcing partners is employed in any branch of the armed forces.
  • A Default Request, Affidavit, Entry and Judgment: In case the Defendant does not provide any response to the Complaint during the allotted span of time, the Plaintiff can make a request to the Court to enter a Judgment.
  • A Summons: This form offers the Defendant some time to provide an Answer to the Complaint. If the Defendant is in this state, it provides a time span of 21 days for the defendant to respond, and if the Defendant is not living in this state then the time allotted is 28 days. A Copy of the Complaint and the Summons are delivered to the Defendant. The individual (the process server or the deputy or the Sheriff), who serves these documents to the Defendant, has to return the Proof of Service form. This form is added to the records of the case.

What is mentioned above is an overview of an uncontested divorce in Michigan. Those who are interested to go for a do-it-yourself divorce process, must research more regarding the legal procedures that they have to follow. Once you are sure about your course of action, you would proceed with your case more confidently.

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