how to divorce in michigan without a lawyer

by Sophie Jacobi MD 9 min read

  • Take our simple questionnaire
  • Divorce forms are custom generated for you to print out, or we will mail them to you
  • File the documents with your local court clerk
  • The judge will complete your divorce by reviewing the divorce agreement and signing the Judgement

Full Answer

How do I file for divorce in Michigan without a lawyer?

To file for a divorce in Michigan, one spouse needs to have been a resident of the state for at least 180 days immediately prior to filing. In addition, the person who files must also have been a resident in the county where they filed for at least 10 days immediately prior to filing. Can I file for divorce in Michigan without using a lawyer?

Do you have to live in Michigan to get a divorce?

Top Either you or your spouse must have lived in Michigan for at least the last six months before filing. You must file your divorce in circuit court in the county where either you or your spouse has lived for at least ten days before filing. Most people file in the county where they live, but you do not have to.

Can a judge sign off on a divorce in Michigan?

In these cases, a judge may sign off on the divorce, or when there is no response, the judge may enter a default judgment against the spouse, granting the other everything they asked for in the original complaint. The Michigan courts require you to provide full disclosure of your financial situation.

Why should I hire a divorce attorney in Michigan?

Due to the legal, social and financial consequences of a divorce, it is strongly advised to consult with an attorney who’s experienced with divorces in Michigan to ensure you have the best outcome possible.

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How much does a divorce cost in Michigan without a lawyer?

$1,200 to $1,500In Michigan, the average cost for a non-contested divorce can range from $1,200 to $1,500 with court filing fees and other legal documents. If your divorce is contested the costs can dramatically increase with a base price starting at $5,000.

How do I file for divorce in Michigan for free?

If you can't afford to pay the filing fees, you may ask the judge to waive the fees by filing a Fee Waiver Request. You can fill out the form yourself or use Michigan Legal Help's interactive tool to help you complete it. If the court grants your request, you won't have to pay any court costs during your divorce.

Do you need a lawyer to get a divorce in Michigan?

You do not have to have a lawyer in a divorce case, but representing yourself in a divorce is not always easy. Consider talking with a lawyer about your rights and options even if you decide not to hire one. The more complicated the issues in your divorce are, the more important it may be to have a lawyer.

Can I file my own divorce papers in Michigan?

You cannot serve the papers yourself. You must have someone else who is at least 18 years old and who is not a party to the divorce to serve your spouse. This can either be a friend, a local process server or the sheriff's department. In Michigan, papers can be served either in person or through the mail.

Can you do an online divorce in Michigan?

Online divorce can only be initiated by couples seeking an uncontested divorce. In other words, to prepare divorce documents over the Internet, people should reach a mutual agreement on divorce-related terms, such as property division, spousal support, child custody, and so on.

How long do you have to be separated before divorce in Michigan?

Every divorce in Michigan has a 60-day waiting period, and a divorce with minor children has a 6-month waiting period.

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

What are the steps to divorce in Michigan?

10 Steps of the Michigan Divorce ProcessDetermine Eligibility to File for a Divorce. ... File a Complaint. ... Answer Complaint. ... A Temporary Order is Issued. ... The Discovery Phase Begins. ... Begin Negotiations. ... Mediation. ... Appearing in Court.More items...

Can you get a divorce without the other person signing the papers?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

How long does a divorce take in Michigan?

60 days to nine monthsTypically, most divorces in Michigan take 60 days to nine months, without children. On the other hand, when children are involved it typically takes between six months and a year to reach a settlement.

Do you have to go to court for a divorce?

In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.

How long does a divorce take online?

A divorce where both parties agree typically takes four to six months when using an online service.

6. Online divorce in Michigan

Online Divorce in Michigan Without Lawyer Fees ➥ Quick & Cheap ➥ Get Your Divorce Forms | ☎ 1 866 927-1400.Can I really file for divorce in Michigan without a lawyer?How can I file for divorce in Michigan without a lawyer? (17) …

9. Michigan Divorce Forms and Process – FindLaw – State Laws

May 18, 2018 — of the forms and process involved when getting divorced in Michigan. for divorce or denying them (without further explanation). (27) …

10. Everything You Need to Know About Divorce Laws in Michigan

Jun 23, 2020 — Yes. You are allowed to file for divorce without an attorney in Michigan. However, it is strongly recommended you at least consult with an (29) …

What happens when a divorce is filed in Michigan?

Equitable distribution of the property essentially means that the court will distribute all the property that you or your spouse or both of you have , irrespective of when the property was bought or in whose name it is in. The court will consider the following when deciding on how to divide the property:

How to give your spouse notice of divorce in Michigan?

To give your spouse “notice” of your divorce, you need to “serve” a copy of the documents on them. In Michigan, the papers can be served by using one of the following methods: The sheriff’s deputy or a police officer personally serve your spouse. Use a process server to serve your spouse personally.

How long does it take to respond to a divorce in Michigan?

Wait for Your Spouse’s Response. Once your spouse receives the documents, he/she must file a response within 21 days. However, if you have served your spouse outside of Michigan by mail, then he/she has 28 days to file a response.

How long do you have to live in Michigan to file for divorce?

Also, your spouse or you must have lived in the county for at least around 10 days before you file for divorce.

How was marital property divided during divorce?

How the marital property was divided during the divorce. The financial requirements of the requesting spouse. The health of both you and your spouse. The standard of living of you and your spouse. If you or your spouse is responsible for the support of the other.

What to do if you can't agree on divorce terms?

However, if you have not been able to agree on the divorce terms with your spouse, the judge may send you to meet the friend of the court or for mediation. Also, your case may be set for trial by the judge, so that you can fight about all your issues in court.

How long do you have to wait to get divorced?

Waiting for 60 or 180 Days. Once you have received a response from your spouse on your petition, you will be required to wait for around 60 to 180 days before the court enters a judgment for your divorce. The waiting period is usually 60 days if your spouse and you do not have children and 180 days if you have children.

How to file for divorce in Michigan?

Here are several things you should know as you begin the process: 1 Gathering Your Important Information 2 Deciding What Type of Divorce Is Right For You 3 Filling Out the Necessary Forms 4 Filing Your Documents 5 Serving Your Spouse With Divorce Papers 6 FAQs About Filing for Divorce in Michigan

How long do you have to be a resident of Michigan to get divorce?

You must also make sure you meet the residency requirement for a Michigan divorce. You must be a resident of the state for at least 180 days immediately prior to filing. You also have to be a resident in the county where you file for at least 10 days prior to filing as well. Contested divorces or divorces where negotiations must take place ...

What is a complaint for divorce?

Complaint for Divorce. This officially starts the divorce action and includes an overview of your situation, including statistical information, the reason for the divorce, property to be divided and if any child support or alimony is being requested. Summons. When you file your paperwork, it must also be served on your spouse.

How much does it cost to file for divorce?

When you file for divorce, you are required to pay a filing fee of $175 and an $80 judgment fee. You must also pay a fee to have your spouse served as well. This may run anywhere from $25-$50 or more based on the method you use.

How much does it cost to serve a spouse?

There will also be a fee to have the paperwork served on your spouse. Depending on the method you choose, this may run about $25 to $50. If you can’t afford to pay the fee, you can request a waiver that will need to be reviewed by the court for possible approval.

How to serve papers in Michigan?

The papers are served in person, then the person completing the service must fill out a Proof of Service form and have it notarized and either return it to you or directly to the court .

Is online divorce legal?

Online divorce isn’t right for everyone. It only works if you have an uncontested divorce (you and your spouse are able to reach agreements without going to court). If you have a dispute over child custody or particularly complicated finances, you should consult with a lawyer.

Get Your Divorce Forms Completed Online

Our service customizes divorce forms for a particular divorce case based on the answers provided by the customer through our online questionnaire.

Online Divorce Without a Lawyer in Michigan

When it comes to an uncontested divorce, which does not involve court litigation, the main difficulty is the paperwork. But why overpay for a lawyer if you do not need legal help in the trial? Entrust OnlineMichiganDivorce.com with the preparation of your divorce documents, and you will be able to file them with the court in just a couple of days.

What do you need to know about divorce in Michigan?

Everything You Need To Know About Michigan Divorces. There are few experiences more stressful, emotional and challenging than a divorce. This is especially true when a divorce involves legal issues such custodial disputes, significant assets and possibly even domestic abuse/violence. Because of the gravity of these issues and ...

How long do you have to be married to get divorce in Michigan?

However, in order to begin filing for divorce, there are three legal requirements that must be fulfilled: Both spouses must have lived and been together in Michigan for at least 6 months.

What is the legal obligation for a parent to support their child after a divorce?

Parenting Time – Parenting time refers to the amount of time individual parents are allowed to spend with a child after a divorce. Spousal Support (Alimony) – Spousal support is also known as alimony. In short, this is the legal obligation for someone to support their spouse after a divorce or separation.

What is high conflict divorce?

High Conflict Divorce – High conflict divorces involve highly volatile situations such as abusive spouses, narcissistic personalities, and criminal behavior. These situations go beyond simple disagreements over assets or custody and are often dangerous for a spouse and/or children.

What is contested divorce?

Contested Divorce – When there’s a legal disagreement between spouses regarding a divorce such as one party refusing to cooperate with the proceeding or objecting to a specific aspect, both parties may have to argue their case before a judge. In this case, the divorce becomes “contested.”.

What is a prenuptial agreement in Michigan?

Prenuptial Agreement – This is a written agreement between two parties prior to marriage designed to protect assets in case the marriage is terminated. Antenuptial Agreement – This is the same as a prenuptial agreement but is specific to the State of Michigan. In other words, prenuptial agreements in Michigan are known as antenuptial agreements. ...

What is the standard of custody in Michigan?

In Michigan, the standard of child custody is known as “best interest of the child. ”. In other words, one parent cannot receive biological preference as the sole determining factor of custody. You can read more about this standard here.

How long do you have to live in Michigan to file for divorce?

Before you can file for divorce in Michigan, you or your spouse must have lived in the state for at least 180 days. Also, one spouse must have lived in the county where the divorce papers are filed for at least ten days. In rare circumstances, you may be able to have the 10-day county residence requirement waived when you meet specific requirements.

How long does it take to get divorce in Michigan?

At a minimum, it will take at least three months for an uncontested divorce in Michigan. This assumes one spouse files paperwork and has paperwork served, which starts the 20-day response period, and there are no children in the marriage, triggering a two-month waiting period.

What is an uncontested divorce?

An uncontested divorce means that you and your spouse agree on all the issues of a divorce. This includes potentially contentious things like child custody and visitation, child support, alimony, a division of assets and debts, tax issues, and any other issue involving your marriage.

What to do if you are not in default?

If you are not in default, you can file a motion asking the judge to waive part of the waiting period. You’ll need to file a Notice of Hearing and Motion and an Order. This waiting period begins when your spouse files the divorce, even if you and your spouse were separated before that time.

How long do you have to wait to get divorced if you don't have children?

If you do have children together, there is a six-month waiting period. A judge can waive the six-month waiting period in some cases if hardship is involved.

What happens at the final divorce hearing?

At the final hearing, the judge will have some brief questions about the terms of your settlement. If the settlement is fair and just, the judge will sign and issue the final divorce decree. Read More: How to Prepare for a Divorce Hearing.

What information do you need to file a domestic relations report in Michigan?

The Michigan courts require you to provide full disclosure of your financial situation. This includes information on your income, expenses, assets and debts. You and your spouse must each complete the Domestic Relations Verified Financial Information Form which must be signed under penalty of perjury.

How long do you have to live in Michigan to get divorced?

To get divorced in the state of Michigan, either you or your spouse must have lived in Michigan for at least six months prior to filing. You must also have lived in the county where you or your spouse file for at least 10 days prior to filing.

How long does it take to get divorced in Michigan?

The length of your divorce will depend greatly on how contested the issues in your divorce are. Every divorce in Michigan has a 60-day waiting period , and a divorce with minor children has a 6-month waiting period.

What is the final resolution for divorce in Michigan?

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.

What is an annulment in Michigan?

An annulment is a declaration that a marriage never took place. In Michigan, an annulment can be granted for marriages that are void from the beginning, such as in the case of bigamy, a marriage between closely related relatives, or a marriage to a person who is unable to enter a contract of marriage.

How many times do you have to go to court for divorce?

You will have to go to court at least once. In order to enter a Judgment of Divorce, a judge must take evidence on the record in the form of the testimony of the parties that satisfies the judge that the objects of matrimony are destroyed.

How long does it take to serve a plaintiff in Michigan?

The plaintiff must meet Michigan’s residency requirements (180 days in the state and 10 days in the county), and properly serve the other party under the service requirements in the Michigan Court Rules.

Is there a formula for spousal support in Michigan?

Maintenance, called spousal support or alimony in Michigan, is at the discretion of the judge. There is no precise rule or formula for awarding spousal support. Judges in Michigan look at what are called the Parrish factors to determine if spousal support should be awarded.

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