Michigan divorce steps: This video is a complete – everything you need to know – explanation of Michigan law and strategy covering the steps of a divorce. The basic and not so basic divorce steps are discussed and explained. I am hopeful you find it both empowering and educational. A summary of the topics covered is provided below. (run time – approx. 15 minutes)
The divorce steps are for a Michigan divorce follow a formal process, which include:
- First, prepare and file Complaint and Ex Parte Orders;
- Second, Serve the complaint and orders on your spouse;
- Third, your spouse must answer the complaint or be in default;
- Fourth, conduct discovery to understand the nature and extent of what there is to divide;
- Fifth, the first court date – typically a scheduling conference. a.k.a. a case management conference or Status Conference or in Oakland county an Early Intervention Conference;
- Sixth, go to mediation if settlement is not otherwise achievable;
- Seventh, court settlement conference to try to settle and obtain a trial date;
- Eighth, conduct a divorce trial or arbitration.
The video includes many key learning’s such as:
What is the statutory waiting period? (6 months with minor children 60 days without)
Can the statutory waiting period be waived? (yes, upon showing of a compelling necessity)
What are the no fault ground for divorce? (The grounds for divorce in Michigan are met if there has been a breakdown of the marital relationship and their remains no likelihood that the marriage can be preserved).
Does fault matter? (The Court will not inquire as to the issue of fault when granting a divorce but may inquire as to the issue of fault when deciding issues pertaining to the division of property, an award of alimony and in custody determinations – fault does matter)
Is there a defense to divorce? (It takes two people to get married but only one person to get divorce – there are no defenses to a divorce)
- Your spouse can refuse to sign the papers, but you can still get divorced.
- Your spouse can refuse to accept the documents, but alternatives to personal service will be made.
- If you want the divorce, your spouse cannot legally prevent it from happening.
We are here to help you navigate this journey by focusing on your goals. If you have any questions concerning any aspect of the law, let me know. My direct line is 248-399-3300 or toll free: 877-968-7347.
Let our exceptional legal team help you . . .,
Let it be our privilege to help.
By: Daniel Findling
The Divorce Guy, Michigan Divorce Attorneys and Specialists