What Documents are Needed to File for Divorce in Michigan?

Like many other states, Michigan offers no-fault divorce, which means you don’t necessarily need a reason to seek dissolution of marriage and it is relatively easy to obtain a divorce, even if your spouse is not in agreement with the proceedings.  Of course, there is still a legal process involved.  You can’t just decide you want to be divorced and take off.

Obtaining a divorce begins by filing appropriate paperwork with the court system.  What documents do you need to file for divorce in the state of Michigan?  Here are a few key steps to start the process of obtaining a divorce.

Filing a Complaint

When you first file for divorce, it’s what’s known as filing a complaint for divorce, which basically means you’re alleging 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”.  In other words, you and your spouse have suffered irreconcilable differences.

In order to file for divorce in the state of Michigan, either you or your spouse must have lived in the state for a minimum of six consecutive months immediately prior to filing (and must be currently residing in the state).  You must file your complaint with the circuit court in the county where you or your spouse resides.

Your complaint must include information about any children born during the course of the marriage and note any relief you’re seeking, such as spousal or child support.  Whether you have children or not will determine the paperwork needed for your complaint.  If there are children involved, additional paperwork will have to be filed regarding issues like custody and child support.

Filing a Summons

At the same time as you file your complaint for divorce, you must file a summons.  This will be delivered to your spouse to inform him/her that you have filed a complaint for divorce and give instructions for the spouse to complete a response.

It is your duty to ensure that your spouse is served a summons within a set time frame, which means sending it via certified mail or hiring a private process server to deliver it for you.  You may also hand deliver the summons, but only if your spouse agrees and signs an Acknowledgment of Service as proof of receipt.

In cases where a spouse cannot be located to receive a summons, even after you have made reasonable efforts to deliver it, you may file a Motion and Verification for Alternative Service, by which the court may give you permission to pursue alternate means of informing your spouse of the pending divorce action.  This could include posting a notice in a public area or running an add in the local newspaper, for example.

Once the summons has been received, your spouse has 21-28 days to respond (depending on the way in which the summons was received) in order to agree to the divorce or contest it and propose different terms.

You need not face the challenges of filing for divorce alone, and in most cases, your interests are better served by working with experienced professionals.  Contact the team of experts at The Gucciardo Law Firm today at 248-723-5190 to get started.