DIVORCE - DIVORCE PROCESS IN MICHIGAN

A divorce starts with the filing of a divorce summons and complaint in the county where you have resided for a minimum of 10 days. The summons advises the defendant that they are the defendant in a lawsuit. The complaint states basic information of the marriage and the fact that "there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no likelihood the marriage can be preserved".

After preparing the summons & complaint it must be served (given to) your spouse. The court requires that you provide proof that you have given a copy of the divorce summons & complaint to your spouse. This document is called a proof of service.

Every case involves a waiting period that is required by law. After filing the complaint, your case cannot be finalized for a minimum of 6 months if you have minor children or are pregnant as a result of your spouse. If there are no children the waiting period is 60 days.

Before finalizing your case, a divorce judgment needs to be prepared. The divorce judgment determines the final rights and obligations of the parties. The final judgment will contain all of the provisions related to the minor children, such as custody, visitation, and support. In addition, the final divorce judgment states the final distribution of assets and debts.

After the waiting period you can finalize a case in 3 different ways. The first way is by "default". This requires that you prepare 4 documents: (1) affidavit of default, (2) a default, (3) notice of pro con hearing, and (4) proof of service. All of these documents are required to finalize your case by default. The second way is by consent. Basically you and your spouse agree to the final terms of the judgment and both sign. Last, and less likely, is by trial. At the trial the judge decides the terms of the final judgment of divorce. Less than 5 % of the cases actually go to trial.

The final step in completing your divorce is a "pro con hearing". At this hearing you will state that everything in the original complaint is true, that you want a divorce with the terms of the divorce that are stated in the final judgment. At the pro con hearing you divorce is finalized and legally binding.