Do you want to know how to file for divorce in Michigan?
Michigan is a no-fault divorce state, which means that no reasons (such as adultery or impotence) are required to get a divorce. Simply explain that the marriage has failed to the point that all the objectives of matrimony have been destroyed. However, keep in mind that traditional “fault grounds” might influence a court’s judgment on child custody, property rights, and spousal support. A divorce may be granted in the state of Michigan even if one of the spouses does not want it. There is no need for spouses to be separated in order to get a divorce; in fact, couples may continue to live under the same roof, but not as husband and wife.
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Requirements for Residency
Michigan’s residence requirements state that:
At least one of the spouses must have spent at least six months in Michigan.
The individual seeking the divorce (the plaintiff) must file in the county where he or she or his or her spouse (the defendant) has resided for the previous ten days.
Complete your Forms
The plaintiff must pay a filing fee and submit a case in the circuit court’s family division requesting a divorce from the defendant. The plaintiff must identify the persons involved in the complaint, as well as detail his or her concerns and how he or she intends to seek redress. Following the filing, the court issues a summons and serves a copy of the complaint and summons on the defendant, who has 21 days to reply by filing an answer in the same circuit court. If the plaintiff fails to submit a response or responding plea, the court may issue a default judgment in his or her favor.
Procedures for Discovery and Pretrial
During the discovery phase of a divorce, numerous methods provide both parties access to the important material included in their complaint. Interrogations, depositions, and subpoenas will be used by each party and their counsel to acquire information about the marriage at this phase. The purpose of this phase is to expose all facts regarding the couple’s marriage; topics like debt, assets, and net worth are analyzed to assist establish acceptable alimony claims and property splits.
Following the conclusion of the discovery period, the pre-trial proceedings commence. Meetings, assessments, and conferences are all part of the processes. All of these are in place to try to resolve the divorce before going to trial.
Trial
A trial in Michigan may take place before either a judge or a jury. If a side wants a jury trial, they must make a demand for a jury within a particular time range and pay a charge. There are also a number of additional processes that must take place, including as choosing, impaneling, and notifying the jury of their roles in the case.
The trial proceeds in the same manner whether a jury is present or not. Each side begins by explaining the nature of the case, their evidence, and the facts they want to establish. Then each side makes their case, summons witnesses, and presents their evidence. Each side reaches a final decision after having the chance to cross-examine the opposing party’s witnesses and evidence. The trial has now concluded, and the judge or jury must provide a decision.
Settlement and Verdict
When a settlement is achieved, the verdict (or default if the defendant did not respond to the lawsuit) is entered. The court enters a decision (typically prepared by the victorious party). A hearing may be required before the order is entered. The judgment must be signed and dated by a judge and filed with the clerk of the court in order to be full and effective.
There is some time after the verdict for the post-judgment processes. During this period, both parties have the option of enforcing or appealing a verdict. This is also the time to calculate the expense of the lawsuit. When both parties agree on the conditions, the matter is formally closed.
