The Michigan Divorce Process, Part I: Initiating a Divorce

Over the next couple of weeks, we’re going to go deep — we’re doing a short series on what, exactly, a Michigan divorce looks like. We’re starting at the very beginning: at the moment that a spouse decides that the most reasonable way forward is to file the papers necessary to start a divorce case.

What Do I Need Before I can File for Divorce?
Michigan is a no-fault divorce state, which means you don’t have to prove anything in order to file for a divorce. (That said, if your spouse is misbehaving and you have proof of infidelity,  criminal activity, domestic abuse, or other bad acts that led to the breakdown of the marriage, you should provide your proof to the court, as it can affect many aspects of the process down the line.) The only other requirement is that you or your spouse (or both) must have lived in Michigan for at least six months.

If you and your spouse openly agree that a divorce is the best way forward, and you can agree on terms, you can sidestep most of the painful part of a divorce by sitting down with a family law attorney and creating a Marital Settlement Agreement. This agreement announces to the court how you and your spouse agree that the marital property, child custody, and other issues inherent to the divorce should be set up. The court isn’t obligated to follow it, but will generally do so unless it proves out to be grossly unfair or against a minor child’s best interests.

How do I File for Divorce?
In Michigan, a divorce is initiated by filing papers with the county in Michigan where you or your spouse resides. This is best done with the help of a competent Michigan family attorney like Gucciardo Family Law. At the minimum, however, you must properly fill out and turn in each of these forms:

• The Complaint and Summons [MC-01], which says “A court case about this issue exists. You have 21 days (28 if you’re out of the state) to respond to this, or judgment will be rendered in absentia.” This must be served to your spouse along with copies of the other two papers, and a receipt of delivery is part of the court record.
• The Complaint for Divorce, which explains whether or not there are minor children involved, whether or not there is martial property to be divided, whether or not either spouse is seeking support, and whether or not the couple has previously completed a Marital Settlement Agreement that they both want the judge to implement.
• The Friend of the Court Case Questionnaire [FOC 39A-D], which provides the Friend of the Court with an in-depth profile of your marriage. (The Friend of the Court is an agency that assists family courts by performing investigations, holding hearings, and recommending dispositions of issues relating to division of property, child custody and parenting time, and spousal and child support payments.)

Your lawyer may also, depending on your circumstances, request that a judge issue any of several Ex Parte Orders (an order so important that it needs to be issued without consulting the other spouse, before the other spouse is even aware that the divorce is being filed). These orders most often include commands to not get rid of money until after the divorce is over, or to remove the children from the presence of one spouse. These orders are served at the same time as the above.

How do I Get the Divorce Papers Served?
Once filed, a copy of the divorce forms must be given to your spouse. This can happen two ways: if your spouse is compliant, they can sign an Acknowledgement of Service, return it to you, and you can include it in the divorce papers. If they won’t sign the Acknowledgement, they must be ‘served’ the copies by an adult other than you. You can have a mutual friend or a complete stranger volunteer, or you can hire a sheriff’s deputy or a professional courier to serve the papers.

Now Wait.
Once the papers are filed, there’s a two month waiting period before the court will actually process a divorce — six months if there are any minor children involved in the divorce. During this time, if your spouse has not answered the Complaint or if the two of you agree to do so, you can file a Dismissal of Divorce and agree to remain married without any legal effects. (Also during this time, it’s possible to ask a judge to issue Interim Orders that create temporary support, custody/visitation, and other legal structures to allow the divorcees to separate rapidly.)

If the waiting period ends and the Complaint has not been Dismissed, the divorce process is underway ‘for reals.’ What happens next? Check back for our next post to find out!