how to get divorced in michigan without a lawyer

by Judd Klocko 7 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?

Oct 06, 2020 · To file for divorce in Michigan you need to follow the following steps: Determine if you can file for divorce. … Reach an agreement. … Find the proper court to file paperwork. … Fill out the correct forms. … File your forms with the court. … Serve your spouse. … Attend all court hearings. … File the final documents.

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

Get an Easy Online Divorce in Michigan 100% Court Approval Guarantee Best price $139 File for a divorce without an attorney in the State of Michigan. Avoid the tiresome procedure of searching for the correct divorce forms. With our Online Michigan Divorce service, you can relax and get your paperwork prepared online fast and hassle-free.

Can I get a divorce without a lawyer?

Aug 06, 2020 · In Michigan there is no proof of wrongdoing required to initiate divorce proceedings. 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 …

Why should I hire a divorce attorney in Michigan?

Our partner organization is doing everything they can to restore access to these tools. Use this tool to prepare the forms to file for divorce in Michigan. You will go to the LawHelp Interactive website to do this. After you answer the questions, your finished forms and instructions will be ready to print. Before you begin, read Preparing for the Do-It-Yourself Divorce to be sure you …

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Can you get a divorce without a lawyer in Michigan?

You don't need to hire a lawyer to get an uncontested divorce in Michigan and you can represent yourself during the process. ... Even though there's no court battle in an uncontested divorce, one or both spouses can hire attorneys to help them through the uncontested divorce.

How much does it cost to get an uncontested divorce in Michigan?

How much Does it Cost to Get a Divorce in Michigan? In 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.Apr 26, 2018

Can I file for divorce on my own 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 can I get a free divorce in Michigan?

Divorce Filing Fees in Michigan If you can't afford to pay the filing fees, you can 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.

Can I get a quick divorce?

A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.Oct 6, 2021

Can you get divorced without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

How do I start the divorce process?

To start the divorce you will need to the following: File a document, called a Petition, to the Court to initiate the divorce process. Only one spouse can file for a divorce (the Petitioner). The other party is known as the Respondent. ... Apply for a Decree Nisi. Apply for a Decree Absolute.

What is legal separation in Michigan?

People often talk about “legal separation” as an alternative to divorce. In Michigan, this legal action is called “separate maintenance.” This is a court case between a married couple that can divide property and debt, decide child support, custody, and parenting time, and award spousal support.

Can you get a divorce online in Michigan?

In Michigan, a person can represent themselves in any divorce proceeding. If the divorce is uncontested, one can simply file the proper forms online (along with the requisite fee).

How do I start a 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.” This means there has been a serious, permanent, ...

How long does an uncontested divorce take 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.Aug 11, 2021

Where can I get divorce papers in Michigan?

REQUESTING A MICHIGAN DIVORCE RECORD: The Michigan Vital Records office has records of divorces that occurred in Michigan and were filed with the state since 1897. Occasionally, some records were not filed with the state.

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.

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.

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.

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.

What is the relationship between a child and his parents?

The child’s relationship with his or her parents, grandparents, siblings, or any other residents of the household or persons who may significantly affect the child's best interests. The child's attachment to his or her home, school and community. The mental and physical health of the parents and child.

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 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 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.

What are the assets of a spouse?

Your spouse’s and your contribution to the marital assets such as income , being the primary parent , etc. Age of your spouse and you. Physical, emotional and mental health of you and your spouse. The standard of living of both you and your spouse during your marriage. Both your income requirements.

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.

What does it mean to have shared custody of a child?

This may mean a shared custody with your spouse or the court may give complete custody to one parent.

How to file for divorce in Michigan?

In Michigan there is no proof of wrongdoing required to initiate divorce proceedings. However, in order to begin filing for divorce, there are three legal requirements that must be fulfilled: 1 Both spouses must have lived and been together in Michigan for at least 6 months 2 The filing must take place in the local county circuit court where both spouses reside 3 One or both spouses 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” per Michigan Divorce Statute 552.6

What are the grounds for divorce in Michigan?

Grounds For Divorce – These are the requirements to which someone can be granted a divorce. In Michigan, these requirements are detailed in MCL 552.6 (1) which states that there has been a breakdown of the marriage with no reasonable likelihood it can be preserved.

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. ...

Can you divorce without child custody?

It’s fairly uncommon to discuss the topic of divorce without also discussing child custody. This is an ever developing legal issue especially for unmarried couples and same-sex marriages. All in all, issues involving child custody can be highly emotional and are often the cause for disputes and legal battles between couples. These issues can lead to what’s known as a “nasty divorce.” This section gives an overview of Michigan child custody laws.

What is the best interest of the child in Michigan?

This section gives an overview of Michigan child custody laws. 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.

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.”.

Can a divorce be reached between two spouses?

There are times when a divorce agreement cannot be reached between the two spouses, and subsequently must go to trial. This is often referred to as an “ugly” or “nasty” divorce due to either one or both spouses behaving in a malevolent, combative and/or malicious manner.

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

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.

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.

What is an annulment in a marriage?

An annulment is a court decision that a marriage did not happen. You can only get an annulment in certain situations. The legal reasons for annulment include bigamy, mental incompetence, age, or relationship of the parties. You can also get an annulment if your spouse used force or fraud to get your agreement to marry.

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.

How to get divorce papers?

Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.

What to do when you get divorced and have children?

When you and your spouse get a divorce, and if you have children, those children will need to be cared for. Before filing for divorce, sit down with your spouse and decide who will get child custody and who, if anyone, will pay child support.

What happens if you divorce your spouse?

If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.

How long do you have to be a resident to file for divorce?

Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year.

Can property be divided in divorce?

Property is split differently during a divorce depending on what state you are getting divorced in. Be sure to understand your state's laws regarding the division of property upon divorce.

What do you need to fill out a divorce petition?

A divorce petition. You need to fill out a divorce petition, which is a document that tells the court and your spouse what you want. You can ask for things such as an end to your marriage, alimony, child custody, child support, and a division of property.

What is a divorce decree?

A divorce decree, which will be the final document the judge will sign in order to finalize your divorce. This document will include all of the requirements of your divorce, including how property will be distributed and how children will be cared for. Draft your divorce petition.

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