Anytime there is a court date scheduled for your case, you should attend. After a Summons is issued, you have 91 days to serve it upon your spouse, either personally or by registered mail. If you cannot serve your spouse, you can ask for a continuance of the summons, up to one year. You can also ask the judge for permission to use an alternate form of service by filing a motion before the summons expires. The parties to a divorce remain married until a final Judgment of Divorce is entered, resolving all of the issues in the divorce, and the court case is ordered to be closed.
Just filing for divorce does not divorce you.
A remarriage that occurs before a final judgment of divorce is entered is void and subject to annulment. Because Michigan is a no fault divorce state, only one party has to allege that the marriage is broken.
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A spouse who does not want a divorce can slow the proceedings, but will not be able to stop a divorce from happening. Every divorce in Michigan must make a final resolution of all marital property, custody and support of any minor children born in the marriage, support of both spouses, and any other issues that involve the marriage. But once filed, your divorce will continue within Michigan. There is no requirement that you reside in the state after filing, but you must attend any court appearances unless you get permission from the judge to not attend. The SMSRA requires that all service members be asked to submit to any lawsuits, including actions for divorce.
If the service member does not consent to the suit, formal proceedings have to be filed with the military to get military permission to proceed. If the service member does consent to the filing of the divorce proceedings, they can submit an Affidavit of Waiver of SMSRA Rights to the court to allow the divorce to proceed.
A person who resides outside the state of Michigan can be summoned to a Michigan court for a divorce. An out-of-state party can petition the court to allow the case to be moved to another state if the other state has stronger ties to the parties, the property, or the children of the marriage. Related Article: Divorce residency requirements for active duty military. A Summons and Complaint must be filed to begin a divorce. It also must be filed with the appropriate filing fee.
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It must be filed with the appropriate filing fee and a Summons. The complaint for divorce can be served on your spouse by any adult not a party to the action you cannot serve your spouse , by personal service or registered mail. An affidavit of service must also be filed with the court. Every divorce in Michigan has a mandatory day waiting period.
Divorces that involve minor children have a 6-month waiting period. After the mandatory waiting periods, a final judgment of divorce can be entered when the parties reach agreement or after a trial by a judge. A divorce can be granted on the consent of the parties, or after a hearing in front of the judge. If the parties consent, the plaintiff the person who filed will have to appear in court to testify that the marriage is broken and there has been a settlement of all issues.
If the case proceeds to trial, it is likely that both parties will testify before the judge makes a final determination and enters a judgment of divorce. Every person filing for divorce should have an attorney, or seek the advice of an attorney before entering into any agreements that affect their substantial rights. If you decide to proceed without an attorney, your divorce will progress the same way as if you had an attorney, you will just be representing yourself.
Michigan does not require fault to be proven for a divorce to be finalized. If one or both of the residency requirements are not met, then the court does not have jurisdiction to hear and decide the divorce.
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Start Your Divorce Today Explore your options. The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. Collaborative Divorce Collaborative Divorce is for couples who do not have an agreement, but want to avoid the courtroom. Divorce Information. Amicable Divorce Solutions. Collaborative Divorce FAQs. Advantages of a Collaborative Divorce. Candidates for Amicable Divorce — 5 Point Checklist.
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Collaborative Divorce in Michigan. Out of Court Divorce. How to Choose a Collaborative Divorce Attorney.
Divorce Process Choosing a Divorce Process. Timeline for Michigan Divorce. Common Divorce Terminology.
Timeline for Michigan Divorce
Divorce Myths - Abandonment. Child Related Issues Changing of Domicile. Parenting Time Visitation. Custody Overview. Divorce Process Timeline for Michigan Divorce. Steps in a Michigan Divorce The following are the 12 basic steps in a Michigan divorce. The first step is to file a Complaint for Divorce.
The person filing the Complaint is identified legally as the Plaintiff. In a divorce involving minor children, you will also have to sign a Verified Statement. Along with the Complaint, Ex Parte Orders may be entered. After the Complaint for Divorce is filed, it must be served on the spouse, along with any Ex Parte Orders. Once the Complaint for Divorce is served upon the spouse, he or she has 21 days to file an Answer with the court.
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