Steps in the Michigan Divorce Process

If you are considering a divorce in Michigan, you should understand the Michigan divorce process. Although each family’s circumstances differ, there are some typical steps in the process.   

As Michigan is a no-fault divorce state, you do not have to prove that your spouse committed wrongful acts for a court to grant your divorce. As long as one spouse demonstrates that there has been a breakdown of the marriage relationship, the court will grant your divorce. Have questions about the divorce process? The divorce attorneys at Alward Fisher are here to guide you each step of the way as you navigate the end of your marriage. 

How Can a Divorce Lawyer Help You?

A lawyer will help you take the required steps for divorce in Michigan. We understand that the stress and emotional burden of a divorce can be overwhelming. We can file the appropriate documents, ensure all the required legal issues are ironed out, negotiate with your spouse or their lawyer, and represent you in court, as necessary. When you engage Alward Fisher, you can rest assured that you have a legal advocate on your side who will pursue the best outcome for you and your children.

Divorce Process: Step-By-Step Guide

The legal system may seem unfamiliar and intimidating, especially when you’re considering a divorce. The following is a step-by-step guide to what you can expect when you file for divorce in Michigan: 

• Determine whether you can file for divorce in Michigan – You or your spouse must have resided in Michigan for at least 180 days and in the county where you intend to file your divorce for at least ten days to be eligible to seek a divorce in Michigan. When you meet these requirements, the Michigan court will have jurisdiction over your case.  
• File a complaint – The divorce case is initiated by filing a complaint. The person seeking the divorce files the complaint outlining their grounds for divorce and the relief they seek. 
• File the answer to the complaint – The respondent or defendant, the spouse against whom the complaint is filed, must file an answer admitting or denying each paragraph of the complaint. If they fail to file an answer within 21 days of service of the complaint and summons, the court will likely enter a default judgment order.
• A temporary order is issued – A temporary order is typically entered in the case if a couple has minor children, but it can also be ordered in cases not involving children. The order sets forth custody and financial arrangements while the case is pending. It specifically addresses parenting time, child support, spousal support, and possession of the marital home. The order will likely prohibit either party from disposing of assets or engaging in frivolous spending. 
• Discovery – After the answer is filed, the parties will proceed to the discovery phase of the case. The parties will exchange written discovery requests, which may include interrogatories, requests for production, and requests for admission, seeking information from the other party. Counsel may also issue subpoenas to third parties, such as banks and medical providers, seeking the necessary information to support their client’s case. Each spouse may be deposed once written discovery is complete. The attorneys may also consult with or retain experts, such as real estate appraisers, to assess the value of the marital property or psychologists to provide reports concerning the best interests of the children. 
• Negotiation – After the discovery phase, the attorneys may exchange their client’s respective settlement proposals. Such informal settlement negotiations may resolve the case. 
• Mediation – In mediation, a third-party neutral will assist the parties in negotiating the terms of the divorce. The spouses and their attorneys may agree to a mediator, or the court may assign a mediator to the case. Because of the time and expense associated with a trial, the court will often order the parties to mediation in an attempt to save the time and expense of further litigation. Even if the case does not settle at mediation, it is a helpful tool to gauge the strength of your case or to narrow the issues to be litigated.   
• Court appearances and settlement conference – The couple’s respective attorneys will attend any court hearings and the settlement conference on behalf of their clients. The divorcing parties must also attend the settlement conference. If the conference is successful, the attorneys will put the terms of the agreement on the record in court. If the parties can’t reach a settlement, the matter will be set for trial. 
• The final judgment of divorce is issued – The judgment of divorce outlines the court’s order concerning child custody and support, parenting time, and property, among other items. The parties can review the judgment with their attorneys before signing it. Once the judge issues the judgment of divorce, the divorce is final.