Michigan divorce laws no children
If you have children, you can also ask for a restraining order when filing the divorce that protects the status quo with regard to them: with whom they live, where they go to school, etc. Another reason to file for divorce first is that you may get to choose the jurisdiction for the divorce.
If you and your spouse both live in the same county, the divorce case must be filed in that county. But say, one of you lives in Oakland County and one of you lives in Wayne, if you both lived in your respective counties for a minimum period of time, you can choose which you prefer.
If your spouse has filed, and has obtained ex parte orders regarding assets, custody, or both, you must respond within a certain period of time. It is very important to retain an attorney as soon as possible so that they can help you respond to the divorce papers in a way that preserves your rights. For Referring Attorneys Contact Us. James Hubbert Richard Graham. Attorneys James Hubbert.
Richard Graham. July 25th, at am. Posted by James Hubbert. Reasons You Might Want to Be the First to File When you file for divorce, your divorce complaint contains a list of allegations statements about your marriage and a prayer for relief a request for the judge to do certain things for you. Categories 33 Blog 26 Divorce.
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Make a document Start a business Ask a lawyer Solutions Pricing. Michigan is a purely no-fault divorce state, meaning that there is no need to prove grounds like adultery or impotence in order to get a divorce.
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One must simply state that the marriage has been broken down to the extent that all the objects of matrimony have been destroyed. However, be aware that classic "fault grounds" can play a role in the court's decision on child custody, property rights and spousal support.
In the state of Michigan a divorce can be granted even if one of the parties does not want the divorce to occur.
Michigan Divorce Laws - FindLaw
There is no need to be separated in order to get a divorce, in fact, couples can still live under the same roof, just not as husband and wife. Fill out your Forms The plaintiff must pay a filing fee, and file a complaint within the family division of the circuit court asking to be granted a divorce from the defendant. Within the complaint, the plaintiff must identify the parties involved, and describe his or her grievances and how he or she is seeking remedy.
After the filing, the court then issues a summons, and a copy of the complaint and the summons is served on the defendant, who then has 21 days to respond by filing an answer in the same circuit court. If the plaintiff fails to file an answer or responsive plea, than the court may enter a default judgment and rule in favor of the plaintiff. If the parties have reached an agreement and they do not desire to proceed with a lengthy trial, they can use RocketLawyer's easy interview process to complete a Divorce Settlement Agreement outlining the division of property, assets, debts and liabilities and settling matters of child support, custody and visitation.
Discovery and Pretrial Procedures In the discovery phase of the divorce, there are various procedures that allow both parties access to the relevant information within their lawsuit.
Divorce in Michigan – FAQs
During this phase each party along with their attorneys will gather information regarding the marriage through interrogations, depositions and subpoenas. The goal with this phase is to get all the information about the couple's marriage out into the open; things like debt, assets, and net worth are examined to help understand reasonable alimony claims and property divisions. After the discovery phase has finished, the pre-trial procedures begin. These procedures include various meetings, evaluations and conferences.