A party must reside in Michigan for at least 180 days and in the county where the suit is started for at least 10 days prior to filing. There are some limited exceptions to the residency requirement.
Proofs may not be taken in a divorce case involving minor children until six months after the complaint is filed. For a case in which no minor children are involved, proofs may be taken 90 days after the complaint is filed. There are exceptions that enable parties to expedite the divorce process.
A divorce must be completed within 12 months after the complaint is filed.
The initial filing of a divorce case may (but will not always) include these documents:
Who’s Who and What They Do
The plaintiff is the party who starts the lawsuit. The defendant is the person sued. The divorce is resolved by the circuit court. The Friend of the Court is an office of the circuit court that investigates and makes recommendations about spousal support, child support, child custody, and parenting rights, collects and distributes support payments, and may request the enforcement of court orders for support and parenting time.
Contested and Uncontested Cases
After the complaint and summons are filed and served, the defendant has 21 days (28 if served by mail or out of state) to file an answer admitting or denying each paragraph in the complaint. The defendant may also file a counterclaim, to which the plaintiff must file an answer.
If the defendant does not file an answer, an order of default may be entered against him/her.
No divorce, whether contested or uncontested, is granted without a court hearing to determine the truth of the statements made in the complaint for divorce.
Temporary orders may be requested at any time after your case is started and before a judgment of divorce is entered. Child support, custody and some injunctions may be granted to the plaintiff without a hearing (ex parte), typically, if the matter is urgent, and before the defendant is served. Other orders require a hearing or mutual consent.
The court may award temporary attorney fees to a party who can show need.
Copyright © 2018 Woll & Woll, P.C. | Website Hosting & Maintenance by Douglas Marketing Group