October 25, 2012

The Michigan Divorce Process

The Michigan Divorce Process – The steps to obtaining a divorce in Michigan.

The Michigan divorce process begins with the filing of a Complaint for divorce and ends with the entry of a Judgment of Divorce, which is the formal Michigan divorce decree.

Resources and Answers to your questions:

It is important to understand that not every case will complete the Michigan divorce process as most cases settle before the Michigan divorce process is complete.  Few cases go to trial and a settlement is often placed on the record somewhere after discovery is complete.  Experience has taught us that the best way to settle a case is to prepare for trial.  Preparation provides the leverage necessary fir your team of Michigan divorce lawyers to achieve your goals.  We know how to settle and we also know how to win.

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The Michigan divorce process – Divorce one step at a time (c) 2014 Daniel Findling

Here are some terms for clarification:

      • The Plaintiff is the person who files the complaint for divorce; and
      • The Defendant is the person responding to the divorce.
        (To make things more confusing, the Defendant can also be a counter-plaintiff if he/she files a counterclaim for divorce).

Formal process 1A divorce without minor children cannot be completed in less than 60 days and typically will be completed within 6 months. A divorce with minor children cannot be completed in less than 6 months (without special court permission) and typically is completed within 1 year.

Every case must complete the first two steps of the formal divorce process; the remaining steps may not be necessary in every case.

      1. Filing of Complaint for Divorce and Orders

        After setting achievable goals, the Michigan divorce process begins with the filing of a complaint for divorce.   The complaint for divorce is a lawsuit which simply provides that a party wants to get divorced.  The complaint for divorce also contains a wherefore clause, setting forth a basic proposed resolution of the issues. Typically, some Orders regarding property or the children will be entered as well. For example, preserving the financial status quo of the parties, prohibiting property transfer or awarding temporary custody.  This step of the divorce process must occur in every case.

      1. Service of Process

        The next step in the Michigan divorce process is service of process.  The Plaintiff (person who files the divorce) must put the Defendant (the person responding to the divorce) on legal notice of the complaint for divorce.  The Michigan Court rules define the manner and method of service of process. Typically a defendant is personally served with the complaint for divorce by a process server, generally an outside contractor. However, other means of service of process are available, especially when your spouse is avoiding service.  This step of the divorce process must occur in every Michigan divorce case.

      2. Answer to Complaint

        The next step in the Michigan divorce process is the requirement to answer the complaint.  Within 21 days after the Defendant is served with the lawsuit (28 days if served by mail or if out of state) he/she must file a formal answer to the complaint for divorce. The answer to complaint must specifically address the allegations in the complaint for divorce with an admission or denial.  The answer to complaint sets forth what is contested in the case.  Key learning: If you are served with a lawsuit, a failure to answer the complaint timely can result in really bad things, like a money judgment against you or loss of property, custody or other rights. Protect your rights by always contacting an attorney if you receive notice of a legal proceeding.  This step of the divorce process should occur in every Michigan divorce case, but is not mandatory.

      3. Discovery:

      • The next step in the Michigan divorce process is called discovery.  Discovery is the formal process of exchanging information under oath.  Discovery is used by Michigan divorce attorney’s to verify facts and discover information.  Simply put, in order to properly prepare for settlement or trial, you must first understand the nature and extent of the marital estate.  Typically, an attorney will use three types of discovery:
      1. Interrogatories, which are written questions submitted under oath and subject to the penalties of perjury;
      2. Subpoenas, which is a court order which generally compels the production of documents; and 
      3. Depositions, which is testimony taken under oath and subject to the penalty of perjury.  Discovery is often the single most important step in the Michigan divorce process, but is not mandatory.  Properly conducted, discovery will protect individual rights and save the parties money.
      1. Status or Case Management Conference

        The next step in the Michigan divorce process is typically a court appearance.  This court appearance is generally called a status or case management conference.  The court appearance goes by more than one name depending upon which county the Michigan divorce is filed.  The purpose of this court appearance is simply to schedule dates and obtain a timeline for the conclusion of the case.  This step of the divorce process must occur in certain counties when there is a Michigan divorce with minor children.

      1. Early Intervention Conference

        If your case involves minor children, the first court appearance in some counties is an Early Intervention Conference. The purpose of the conference is to meet with the Friend of the Court and schedule dates and potential referrals concerning custody, support and parenting time.  This step of the divorce process should occur in every Michigan divorce case, but is not mandatory.

      1. Mediation

        Mediation is a non-binding, informal process by which a neutral third party listens to the positions of the parties and attempts to facilitate a resolution or settlement. Mediation is helpful in many cases to help resolve a case in a less costly, more economical manner, saving time, money and stress.  This step occurs in many Michigan divorce cases, when the parties cannot reach a settlement on their own.  While mediation may not be mandatory, it sometimes is and can be an important step in the Michigan divorce process.

      1. Settlement Conference

        If mediation is not successful, the court will schedule a settlement conference in an attempt to see if the parties can settle a case. If mediation is successful, typically, the settlement conference will also serve as your date of divorce.  This step of the Michigan divorce process should occurs in every Michigan divorce case that has not settled and may proceed to trial.

      1. Trial or Arbitration

        At trial, the Judge makes a decision regarding disputed issues. Arbitration is a voluntary process like mediation and is often less costly than going to trial, however, it is very important to understand that Arbitration is binding with limited rights to appeal a bad decision. In either case, a third party (Judge/Arbitrator) determines the parties’ rights and obligations. Most cases settle before Trial or Arbitration, however, if necessary, a Trial or Arbitration is the only mechanism to resolve a case.  This step of the divorce process should occur in very few Michigan divorce cases.

Articles on the Michigan Divorce Process – By divorce attorney Daniel Findling

Ex Parte Orders:  http://www.thedivorceguy.com/ex-parte-orders-michigan-divorce-law/

By:  Daniel Findling

The Divorce Guy, Michigan Divorce Attorneys and Specialists

www.thedivorceguy.com

www.divorceforum.com

877-YOUR FIRM

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