how to file for a divorce in michigan without a lawyer

How to File Divorce Papers Without an Attorney (with Pictures) Pay the filing fee. If you cannot afford the filing fee, you can ask the court to waive it by completing and submitting a form, which can be obtained from the court clerk or family law facilitator. The Clerk will keep your original divorce form.

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What to look for in a good divorce lawyer?

You need someone who can take the following actions on your behalf:

• Review the circumstances surrounding your divorce and how state laws are likely to apply;
• File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
• Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

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Do it yourself divorce in Michigan?

It's possible to your own divorce paperwork in Michigan without using an attorney. Filing your own divorce is very feasible if you and your spouse are able to reach an agreement on such issues as division of marital property, child custody, and child support.

How do you file for divorce in Michigan?

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• Starting the Divorce. A divorce case begins when you file a summons, a complaint, and other required papers with the court.
• Waiting Period. If you and your spouse have children together, there is a six-month waiting period before your divorce can be finished.
• Finalizing the Divorce. ...

Do it yourself divorce mi?

How do ... yourself and your sons. Don’t expect to get to the acceptance stage right away; just know that it will take time. You are grieving the loss of your marriage. While there might not be people who have your exact situation, there are divorce ...

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.

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.

How much does it cost to file divorce papers in Michigan?

$175.00The filing fee for a Michigan divorce petition is $175.00 if you do not have minor children. The filing fee for a divorce with minor children is $255.00. A divorce attorney or party filing the complaint will pay the fee at the time of filing.

Can I file for divorce online 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.

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...

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.

How do I obtain divorce papers in Michigan?

Divorce certificates are not available until at least 90 days after the event occurred. For additional information, please contact Michigan Vital Records directly at (517)335-8666. Who Can Order? Anyone is eligible to request certified copies of Michigan divorce records.

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 it take to get served divorce papers in Michigan?

If they were personally served, they have 21 days from the date of service. If they were served by mail or outside of Michigan, they have 28 days.

Is Michigan a no fault divorce state?

Michigan has “no-fault” divorce. No-fault means you don't have to prove cheating, abandonment, cruelty, or anything else to get a divorce. Your spouse doesn't have to agree to give you a divorce. You can get a divorce even if you did something that made your marriage end.

How to get divorced in Michigan?

To get divorced in Michigan, you'll need to file a petition for divorce with the county court where you or your partner live. You can get the forms from your local court clerk. Alternatively, use Law Help Interactive, which is a website that will fill out the forms for you.

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

If neither you or your spouse has lived in Michigan for at least 6 months, you will have to get divorced elsewhere, or wait to file until one of you meets the 6 month residency requirement. Additionally, either you or your spouse must have lived in the county where you file divorce for at least 10 days before you file.

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

In most cases, your spouse will have 21 days to respond to your divorce complaint. However, if you served your spouse by mail outside of Michigan, he will have 28 days to respond. Your spouse may file an answer to your petition where your spouse may admit or deny any of the statements that you made in your petition.

What happens if you attend a divorce conference?

If, by the time you attend the conference, you and your spouse have worked out most of your issues, the judge may set a date for your final hearing. If you and your spouse are still unable to agree on the terms of the divorce, the judge may send you to mediation or to meet with the friend of the court again.

How long do you have to wait to get divorced?

Wait for 60 or 180 days. After your spouse has responded to your petition, you must either wait 60 or 180 days before the court will enter a judgment for divorce. The waiting period is 60 days if you and your spouse do not have children. The waiting period is 180 days if you and your spouse do have children.

How was marital property divided in divorce?

how the marital property was divided in the divorce, whether the spouse who would pay can afford to do so, the requesting spouse’s financial needs, the health of both spouses, each spouse's’ standard of living, whether one spouse is responsible for the other’s support, who was at fault in the ending of the marriage.

What is equitable distribution in Michigan?

“Equitable distribution” means that the court can distribute all property that either spouse or both spouses have, regardless of whose name it is in and when the property was acquired.

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.

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) …

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 divorce?

Eithe r you or your spouse must have lived in Michigan for at least the last six months before filing for divorce. In general, your divorce must be filed in the circuit court in the county where either you or your spouse has lived for at least ten days before filing.

How long do you have to wait to file for divorce?

If there are no minor children, then the waiting period is sixty days. The waiting period begins when you file your divorce, even if you and your spouse were separated before that.

What happens after a divorce?

After there is a default, an agreement, or a trial, you can submit a proposed Judgment of Divorce for the judge to sign. The judgment will end your marriage and state what you and your ex-spouse must do regarding child custody, parenting time, child support, spousal support (alimony), and property and debt division.

What happens if my spouse doesn't file an answer?

If your spouse doesn’t file an answer, or if you agree on all of the terms of your divorce, you have an uncontested divorce. However, just because a divorce is uncontested doesn’t mean the judge will approve all of your requests or agreements. The terms of your divorce must still be reasonable and must follow the law.

Do you have to prove fault for divorce?

Although you don’t have to prove fault to get a divorce, a spouse’s behavior during the marriage can impact the outcomes of your divorce. The judge can consider fault in making decisions about spousal support (alimony) and dividing property. If playback doesn't begin shortly, try restarting your device.

Do you have to be living apart to get divorced in Michigan?

You do not need to have a legal separation or even be living apart to file for divorce. To get a divorce in Michigan, at least one spouse must testify that “ there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that ...

Do you have to prove anything to get divorce in Michigan?

You Don’t Have to “Prove” Anything to Get a Divorce. Michigan has “no-fault” divorce. No-fault means that you don’t have to prove cheating, cruelty, or anything else to get a divorce. Your spouse doesn’t have to agree to give you a divorce.

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

The Petitioner must be a resident of the State of Michigan and have resided within the State for at least six (06) months immediately preceding filing; OR, if you do not live in Michigan, but your spouse does, you can file your case here.

How much does it cost to file a divorce in Michigan?

The filing fee for a Michigan divorce petition is $175.00 if you do not have minor children. The filing fee for a divorce with minor children is $255.00. A divorce attorney or party filing the complaint will pay the fee at the time of filing.

Why are uncontested divorces so expensive?

For example, uncontested divorces typically cost less than contested ones because they don’t require as much time or legal work on behalf of your divorce attorney. Attorney fees are the largest expense in a divorce filing.

What is spousal support in Michigan?

Spousal support, more commonly known as alimony, is awarded when there is a large difference in income between you and your spouse. Like property, even though Michigan is a no-fault divorce state, a party determined to be at fault can be ordered to pay more alimony.

How long does it take to get divorced if you have no children?

If you and your spouse have no children together, there is a two-month waiting period before you can be divorced. The waiting period starts after filing the paperwork with the Court. The divorce process can take much longer than the two months in an agreement can not be reached.

What is the less expensive option for divorce lawyers?

A less expensive option for attorneys is to have a set retainer fee or flat fee which they collect at the beginning of your representation. You will want to talk to a divorce lawyer to understand how they bill for a divorce case.

What is the most difficult issue to resolve in a divorce?

One of the most difficult issues to resolve in divorce is child custody. As part of the divorce process, child custody will have to be decided. There is the issue of legal custody and physical custody. Child custody is one of the most contentious issues in any divorce.

How to get divorce in Michigan?

To get a divorce in Michigan, at least one spouse must testify that “ there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”.

What happens when you get divorced in Michigan?

When you get a divorce, the judge will end your marriage and the legal benefits that come with it. Because of Michigan’s no-fault law, you will not have to give a reason for the breakdown of the marriage.

How to determine if you need spousal support?

If you or your spouse asks for spousal support and you can't reach an agreement, the judge will also decide this issue. Spousal support is not always awarded. When it is awarded, it can be temporary or permanent. When deciding whether to award spousal support, the judge will consider these factors: 1 The length of your marriage (spousal support more likely in a long marriage) 2 Your conduct during the marriage 3 Your ability to work 4 The source and amount of property you are getting in the divorce 5 Your age 6 Ability to pay spousal support 7 Your needs and your current living situation 8 Your health 9 Your standard of living during the marriage 10 Whether you are responsible to pay for the support of others 11 Contributions to the marital estate 12 If you live with someone else, the effect it has on your financial status 13 Fairness

Why do you file a separate maintenance case?

You might file a separate maintenance case because you have a religious objection to divorce or want to stay married for other reasons.

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

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.

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

Waiting Period. If you and your spouse don't have children together, there is a two month waiting period before your divorce can be finished. The waiting period begins when you file your divorce, even if you and your spouse were separated before that.

What is marital property in Michigan?

Marital property may include real estate, pensions, insurance, retirement accounts, and investment accounts, among other kinds of property. If you and your spouse don’t agree on how to divide your property and debt, the judge will decide. Michigan law says marital property and debt must be divided fairly.