Otherwise, mail them to your spouse at their last known address or deliver them to your spouse. The clerk will sign the form, entering the default. Michigan offers forms for people to fill out in preparation for filing for divorce. The post The Michigan Divorce Education Series. Michigan Vital Records are mostly open to the public. File the original and one copy with the court clerk’s office. File the original and one copy of the Proof of Service with the clerk’s office and keep the other copy for your records. If there has been domestic violence in your relationship with the other party, your case may be exempted from a Friend of the Court ADR process. 3 copies should also be made of all the necessary files, one for your (the plaintiff, your spouse (the defendant) and the Friend of the Court, who assists with custody, parenting time, and child support decisions in the court. Step 19: Complete and file a new Proof of Service. To get a divorce, the only reason needed is that there has been a serious breakdown of the marriage that is permanent and that there are no chances of you working things out with your spouse. Service must be completed at least 14 days before the hearing date. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees. Hopefully, the divorce in Michigan checklist above highlights some of what you should expect from the process. Or it may be possible to have the form notarized remotely. You may also wish to take out a solo credit card in your name. For more information on what happens after your divorce, read Finishing Your Michigan Divorce with Minor Children. Step 10: Complete the Certificate of Mailing and file it. Before your hearing, go to the Friend of the Court office with your Judgment of Divorce and Uniform Child Support Order. Step 17: File the signed Judgment of Divorce and Uniform Child Support Order. The decision to get a divorce is never easy, as anyone who has gone through the process can tell you. Make the changes and reprint the documents you changed. In part one of the Motion section, fill in the date that you filed your Complaint for Divorce. The clerk will keep the originals and one copy each of the Judgment of Divorce and Uniform Child Support Order and will return two copies of each to you. The clerk will ask you to wait while someone reviews and approves your documents. Michigan Divorce Residency Requirements Before you can file for divorce in Michigan, you must meet the state’s residency requirements. Support for Michigan Legal Help is provided by: Copyright © 2021 Michigan Legal Help. You often make mistakes during your divorce that you pay for in the future. Find the Default Request and Entry form that was prepared when you used the Do-It-Yourself Divorce tool. Pay the filing fee or file a Fee Waiver Request along with the following documents: Uniform Child Custody Jurisdiction Enforcement Act Affidavit, Application for IV-D Child Support Services (form DHS-1201D), Record of Divorce or Annulment (depending on your county). To prevent cases from being dismissed over a lack of process, here’s what you need to do. Your attorney is there to help you reach the outcome that you think is best, but the decision is on your shoulders. WAIVE SIX MONTHS - unusual hardship or such compelling necessity that shall appeal to the conscience of the court 2. Whether your spouse is aware of your intentions for divorce or not, it’s wise to start cutting off their access to your own communications. The idea was to provide quality information (more than just the basics with case law and statutory support) on Michigan Divorce, Custody, Alimony and support. The Friend of the Court must screen your case for domestic violence. Bring all of your divorce papers with you to the hearing, including all of the copies of the approved (if approval is required) Judgment of Divorce and Uniform Child Support Order. Step 20: What to do after your divorce is final. Consulting your divorce lawyers is the best way to ensure your paperwork is comprehensive, but the files often needed at the beginning include: And for cases involving minor children, you will also need the following: You may quality to waive the $175 cost of filing a complaint and the $80 judgment fee, as well as the other costs (serving papers, filing motions, or mediation). File your forms at the court clerk's office. At the least, we recommend pulling your credit report twice during the divorce process. Make a copy of the Judgment of Divorce and Uniform Child Support Order for your spouse and write “Proposed” above the title of each document. To file for a divorce in Michigan, one spouse needs to have been a resident of the state for at least 180 days immediately prior to filing. While the forms needed may vary from county to county, it’s wise to have all the forms that may be necessary ready at hand. Record of Divorce or … This is to certify that you have served the defendant with the Default Request and Entry form. Step 18: Serve the Judgment of Divorce, Uniform Child Support Order, and Domestic Relations Judgment Information form on your spouse. Each party is required to disclose all of their assets, usually through Interrogatories (written questions) or Depositions (a meeting in which the attorneys can ask questions face to face). As you get closer to the point that you move on with your life, you may need to consider physically moving on. The original of each document gets filed with the court. This form will not be part of all cases. An in-person notary can usually be found at a bank or the court. Helping Michigan residents solve their legal problems, Finishing Your Michigan Divorce with Minor Children. Hold hearing and decide issues. Divorce is a complicated and emotional time. You will need the room to see what your finances will look like on your own. Checklist of Resources You May Need When Divorcing in Michigan. An uncontested divorce in Michigan means the two parties in a divorce action have had no contact with each other, either because the non-filing spouse cannot be located or because the non-filing spouse failed to respond to the Petition for Divorce. Keep the other copy for your records. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. Otherwise, you can use the Do-It-Yourself Fee Waiver tool to prepare a Fee Waiver Request. Mark the box on the top of the Uniform Child Support Order that shows it is a final order. In divorce mediation, the parties and their attorneys meet with a neutral mediator, who facilitates the negotiation between the parties and helps them reach a settlement. To complete your divorce, you need to review and update (if necessary) the following documents that were prepared when you did the Do-It-Yourself Divorce: Judgment of Divorce. If you are unable to pay the filing fee and judgment fee, you can ask the court to waive them. The Do-It-Yourself Divorce should have prepared two different Notice of Hearing and Motion forms. This post-divorce checklist only scratches the surface of the many things that will need to be changed during and after your divorce – property division and everything associated with it is a major element of the post-divorce workload. 18538 Mack Avenue appeared first on 248-399-3300 Findling Law. Additionally, one spouse must have lived in the county where the papers were filed for at least 10 days. File the signed Judgment of Divorce and Uniform Child Support Order with the court clerk’s office so that you will be considered divorced. You have 91 days from the issue date on the Summons to have your spouse served with the divorce papers, or your case will be dismissed. Each legal form you complete must be signed and dated, with some, like the Uniform Child Custody Justification Enforcement Act Affidavit also requiring a notary, which can be found at any bank. Looking for more information about Divorce and 16 Point Post Divorce Checklist in the state of Michigan? You must have your spouse served with (notified of) the divorce action. You can call the clerk’s office ahead of time to ask whether you need to make your own copies. In Friend of the Court ADR, a Friend of the Court worker assists parties to voluntarily agree to resolve a dispute about custody, parenting time, or child support. Make two copies, and file the original and one copy with the clerk's office. There are several different ways you can have papers served on your spouse. Ask the clerk's office for three copies of the signed form. After the Judgment of Divorce is filed with the court clerk, the divorce is considered final. This can include changing login details for things like your phone and your email address. Date and sign the Proof of Service and make two copies. For instance, if you intend to win custody, your chances may improve if you do not move out and leave them with your spouse. At the top of the form, fill in the case number. The final hearing could be sooner if you filed a motion to waive part of the waiting period and the judge granted a waiver. It will cost you at least $175 to file a complaint for divorce with minor children. After you are logged back in, click on the section that you want to change. Complete and file the Notice of Hearing and Motion that was prepared when you did the Do-It-Yourself Divorce. Please be aware that some steps will vary from county to county. Download a PDF. SUPPORT / CHILD CARE / MEDICAL / ARREARAGE a. If a temporary order is entered as a result of a Friend of the Court process, you must file a Domestic Relations Judgment Information form with the Friend of the Court. Fill in the child support amounts on the Uniform Child Support Order by hand. Topics covered include: 1. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Copies of the documents are for each of the following: Plaintiff (you), Defendant (your spouse), and the Friend of the Court. Contact your circuit court clerk’s office to find out which steps might be different in your county. You can find a notary at the court clerk's office or at a bank. Your spouse must be served one copy of each of the following: Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request), Application for IV-D Child Support Services (form DHS-1201D), Friend of the Court Handbook (Print a copy of this Handbook from the Michigan One Court of Justice website.). You can use this even if you and your spouse agree on all of the issues in your divorce. File your Record of Divorce or Annulment now if you are in a county where it was not filed at the beginning of your case. Take the other copies with you. Divorce document checklist Having all of your important documents in one place will help you as you prepare for negotiations. All Rights Reserved. Follow the clerk’s directions and do not interrupt any hearing in progress. The judge may ask you to enter testimony at the final hearing. If you are having trouble getting your spouse served in this time, you can file a motion for a second summons. Alternatively, use Law Help Interactive, which is a website that will fill out the forms for you. Make at least three copies of your Judgment of Divorce and Uniform Child Support Order and two copies of your Domestic Relations Judgment Information form. Take the time to consider what is truly best for the children. The following is a checklist of “housekeeping” items that need to be accomplished to be sure your divorce is truly completed: Home ☐ Refinance the marital home ☐ List the marital home for sale ☐ Execute a Quit Claim Deed ☐ Execute a Property Transfer Affidavit (MI Dept. Divorce Settlement Checklist. Depending on the county where you file your divorce, you may be required to attend the SMILE Program, an educational program for separating/divorced parents with minor children. Explore our article to learn more or request a consultation today. There are two forms: Divorce with Minor Children Worksheet (DM Worksheet) and Divorce without Minor Children Worksheet (DO Worksheet). On your remaining copy of the Default Request and Entry form that has been signed by the clerk, date and sign the Certificate of Mailing section. You are responsible for filing and serving the signed Judgment of Divorce and Uniform Child Support Order. After you sign your documents, make copies as follows: (In some counties the court clerk’s office will make the copies for you. As soon as possible, it’s wise to start making copies of financial documents that could be used as evidence during the case including taxes, mortgages, auto loans, pay stubs, bank accounts, trusts, pension statements, investments, and more. The goal of SMILE is to help parents better understand the effects of divorce, the needs of their children, and their roles in promoting their children's healthy adjustment to divorce. Go to the judge’s courtroom on the scheduled day and time. When consulting with an attorney, it’s a good idea to come with an understanding of the different custody options available: joint legal, joint physical, and sole. Step 13: Send the proposed final documents and the Notice of Hearing and Motion to your spouse. U.S. court order for a name change . Arrive 10 or 15 minutes before your scheduled hearing time. Our 3StepDivorce TM Online Divorce for Michigan is offered with a peace-of-mind 100% guarantee. Step 6: Have your spouse served with the divorce papers. Some might not apply to your situation, so use this as a guide. Have fun and stay safe. The hearing date will be scheduled at least six months after the date you filed your divorce. Preparation is key, and this divorce in Michigan checklist can ensure that you’re prepared for any eventuality, ensuring cases with minor children involved, or where a spouse does not answer a complaint. If you are a Michigan resident considering divorce, there are several laws and processes you should know about before taking your first steps. It can get overwhelming. Complete one of those forms, showing the date that you served the Judgment of Divorce and how you served it on your spouse. Review the script, complete the blank spaces, and update information as needed. If you want a judgement in your favor, you should be expected to prove why you deserve sole or joint custody. For more information visit our website: https://www.bestgoldmanlawfirm.com You can give us a call for a FREE phone consultation at (248) 588-3333 If you do not get a hearing scheduled shortly after the six month period, the court may dismiss your divorce case for lack of progress. You can get the forms from your local court clerk. To get divorced in Michigan, you'll need to file a petition for divorce with the county court where you or your partner live. You are represented by a law school clinic based on having low income. Give the clerk the originals and copies of the Judgment of Divorce and Uniform Child Support Order. Solutions. Keep one copy for yourself and one copy to serve on your spouse. Wait to sign it until you are in front of the notary. In either case, the same uncontested divorce in Michigan procedure is followed. You and your ex-spouse must obey the terms of the judgment. There is a personal protection order (or other protective order) between you and the other party, There used to be a personal protection order (or other protective order) between you and the other party, You and the other party are involved in a past or present child abuse and neglect proceeding. Overview (click any of the steps below to get more information): Ensure proper residence. If your spouse does not file an answer within the time limit stated in the Summons, you should file a request with the court to enter a default. CUSTODY - physical, legal, joint, shared 3. You must get the Uniform Child Custody Jurisdiction Enforcement Act Affidavit notarized. Sometimes it takes a village to navigate the divorce process. (313) 421-8083 Daniel Verify statutory conditions are met. The instructions below explain which forms you need for each step and how many copies to make. And much, much more. File the original and one copy of the Proof of Service with the court clerk’s office and keep the other copy for yourself. As such, it’s wise to prepare enough money for around 3 months of daily expenses. The cost to use one of these vendors is typically around $25 per notarized document. Fortunately, actually getting divorced in Michigan is fairly straightforward and may be able to be completed without a lawyer – as long as you meet the necessary criteria for an uncontested divorce. Also write the hearing information the clerk gives you. If possible, run both of your credit reports. If the judge asks you to read your own testimony (or proofs) into the record, use the “Testimony in Final Divorce Hearing” form to do so. Depending on your county, you may also be required to participate in a Friend of the Court alternative dispute resolution (ADR) process, such as conciliation or mediation. You must sign and date each form that has a signature line. These worksheets include detailed checklists of all the information needed to properly fill out the divorce forms. Once at the beginning and then once at the end. As emotionally challenging as they can be, there’s no reason to make a divorce more contentious or fraught than it needs to be. DivorceProceedingChecklist. Divorce in Michigan. Give the clerk all of the originals and all of the copies. Mediation. If the other party fails to do what the judgment says, you can file a motion with the court asking the court to enforce the judgment. 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