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HOW TO FILE MICHIGAN UNCONTESTED DIVORCE PAPERS

This is a summary of Michigan uncontested divorce filing procedures with an explanation of the primary divorce papers that are filed. The 3StepDivorceTM for Michigan helps you prepare all the required paperwork and provides you with much more in depth step-by-step filing procedures to finalize your own divorce than the ones presented below. 3StepDivorceโ„ข will show you how to file for an uncontested divorce in Michigan. This summary is written to give you a brief overview of the process and time-line.

Filing an uncontested divorce in Michigan works easily since the spouses agree on the terms and conditions. Once this happens, the next step is to get it in writing and prepare and sign the required divorce paperwork to file with court.

Under Michigan law, from the time of filing there is a 60-day wait period until the divorce can be finalized; if there are children involved that wait time can increase to six-months.

The filing instructions for a Michigan uncontested divorce that may vary slightly from county to county, but it is pretty standardized for an amicable divorce. The Circuit Court Clerk, where actions are filed, can provide specific instructions about any steps that may be different according to local rules and this is typically limited to completing a case management sheet.

Initial Divorce Papers for Michigan

The plaintiff begins the action by completing a Summons and Complaint, a Complaint for divorce and a Record of Divorce or Annulment (that in some counties is completed at the end of the case). Filing the Complaint (which starts the clock and initiates the divorce) costs a minimum of $175 in filing fees. The court may waive the fees for parties on public assistance, which requires completion of a form called the Waiver/Suspension of Fees & Cost. Waiver of the court filing fees does happen, but it is not overly common.

Michigan is a no-fault only state, with breakdown of the marriage as the only grounds for divorce.

All the forms must be signed and a few must be notarized, which can be done by the court clerk (typically for no charge) or at a bank or private notary (for a small charge).

The plaintiff makes three copies of the Summons and Complaint and the Complaint for Divorce. The original goes to the court; one copy stays with the plaintiff, and the other goes to the defendant.

During the course of the action, there may be additional charges for service of process, motion filing fees and mediation if disputes should arise. After the plaintiff pays the filing fee or files the Waiver/Suspension of Fees & Costs, he or she files the Summons and Complaint, the Complaint for Divorce and the Record of Divorce or Annulment. The clerk assigns a case number, signs the Summons, and returns copies he or she does not need.

Serving the Divorce Papers for Michigan

The defendant must be properly served, which means given notice of the divorce action, and may be served in a number of ways, including personal service. A process server must be 18 or over and not involved in the case.

The defendant must receive one copy of the Waiver/Suspension of Fees & Costs (if the fees are waived), the Summons and Complaint and the Complaint for Divorce, and he or she must receive the papers within 91 days of the issued date of the Summons, or the case is dismissed.

The process server completes the second page of the Summons and Complaint and returns it the clerk and gives a copy to the plaintiff.

Finalizing Your Uncontested Divorce in Michigan

The parties may get notice of a hearing or a settlement conference, so the court can check on the progress in the case. This is not optional, and a failure to attend may result in dismissal. Later the parties can schedule a hearing to enter a Judgment of Divorce by Consent, at least two months after the divorce was filed. Again, if this hearing is not scheduled, the case may be dismissed.

Depending on the county of residence, a plaintiff must file either a Notice of Hearing or a Notice of Hearing and Motion. The Notice of Hearing contains the hearing information provided by the clerk. The plaintiff files the original and one copy with the clerk.

Michigan Divorce Online Process

The clerk may require that the plaintiff use the Notice of Hearing and Motion. This means that he or she uses the form entitled Motion for Entry of Consent Judgment of Divorce. The plaintiff dates and signs the motion, but does not does not sign the Certificate of Mailing. The Notice of Hearing and Motion requires three copies, the original and one copy go toe clerk.

The defendant must be served either the Notice of Hearing or a Notice of Hearing and Motion by mail or in person at least nine days before the hearing date if by mail and seven days if in person. The plaintiff prepares three copies of the Proof of Service, indicating the date and place the Notice of Hearing or a Notice of Hearing and Motion were served. The original and one copy go to the clerk; the plaintiff keeps the other copy.

At the hearing, which is usually very brief, the judge takes testimony, and signs the forms, including the Judgment of Divorce, which the plaintiff must file in the clerkโ€™s office and serve on the defendant The defendant may be served in person or by mail. The plaintiff files a proof of service form with the clerkโ€™s office and keeps one copy

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
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Disclaimer: This is a quality non-lawyer self-help online divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3StepDivorce does not practice law and does not give out legal advice. This online divorce software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. There may also be other pro se divorce options available by contacting your court.

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