However, America’s high divorce rates are now motivating even first-time brides and grooms to ask their loved ones to sign prenuptial (or “premarital”) agreements. As mentioned earlier, to get a divorce in Michigan, you do not have to prove any grounds. You need to make copies of some of the forms. Mediation. Give the clerk all of the originals and all of the copies. MI 48236, (313) 421-6069 Aimee Domestic Relations Judgment Information. This can include changing login details for things like your phone and your email address. There may be more costs, such as charges for having papers served on your child’s other parent, motion filing fees, and costs for alternative dispute resolution services (mediation). An uncontested divorce in Michigan means the two parties in a divorce action have had no contact with each other, either because the non-filing spouse cannot be located or because the non-filing spouse failed to respond to the Petition for Divorce. In paragraph three, write the name and bar number of the judge, if you have it. You can find a notary at the court clerk's office or at a bank. To get a divorce, the only reason needed is that there has been a serious breakdown of the marriage that is permanent and that there are no chances of you working things out with your spouse. A notary at a bank is more likely to charge a fee. For more information visit our website: https://www.bestgoldmanlawfirm.com You can give us a call for a FREE phone consultation at (248) 588-3333 We offer a 100% guarantee that the documents provided will be accepted by the Michigan courts to finalize your divorce. Financially, a divorce process is a transformative time. To prevent cases from being dismissed over a lack of process, here’s what you need to do. If you want a judgement in your favor, you should be expected to prove why you deserve sole or joint custody. Download a PDF. That way you know exactly how many accounts you have and whose name they are … The following is a checklist of “housekeeping” items that need to be accomplished to be sure your divorce is truly completed: Home ☐ Refinance the marital home ☐ List the marital home for sale ☐ Execute a Quit Claim Deed ☐ Execute a Property Transfer Affidavit (MI Dept. Date and sign the Proof of Service and make two copies. File the original and one copy with the court clerk’s office. File the original and one copy of the Proof of Service with the clerk’s office and keep the other copy for your records. Your credit report will have listings of accounts in the marriage, including under whose name they are. Alternatively, use Law Help Interactive, which is a website that will fill out the forms for you. Employee photo ID issued by a federal or Michigan government agency . If there has been domestic violence in your relationship with the other party, your case may be exempted from a Friend of the Court ADR process. Fee Waiver Requests are automatically approved for those who receive public assistance based on having low income, are represented by legal services funded by the Legal Services Corporation or the Michigan State Bar Foundation or are represented by a law school clinic due to low income. You are responsible for filing and serving the signed Judgment of Divorce and Uniform Child Support Order. Make the changes and reprint the documents you changed. To ensure that you’re as best prepared as possible, involving a trusted divorce attorney in the process as soon as possible is always recommended. You may also wish to take out a solo credit card in your name. Complete and file the Notice of Hearing and Motion that was prepared when you did the Do-It-Yourself Divorce. There is a personal protection order (or other protective order) between you and the other party, There used to be a personal protection order (or other protective order) between you and the other party, You and the other party are involved in a past or present child abuse and neglect proceeding. Make a copy of the Judgment of Divorce and Uniform Child Support Order for your spouse and write “Proposed” above the title of each document. Depending on your county, you may also be required to participate in a Friend of the Court alternative dispute resolution (ADR) process, such as conciliation or mediation. Bring all of your divorce papers with you to the hearing, including all of the copies of the approved (if approval is required) Judgment of Divorce and Uniform Child Support Order. Check the boxes showing which documents were served. Step 14: File a Proof of Service for the Notice of Hearing and Motion and proposed final documents. Learn More. Divorce Checklist. The steps for filing your uncontested Michigan divorce with DivorceWriter are as follows: You review and sign the documents, then file the Michigan Complaint for Divorce. Check the “Judgment of Divorce,” “Uniform Child Support Order,” and “Domestic Relations Judgment Information” boxes on the Proof of Service. Fees should be expected when filing your forms with the court clerk. The SOS website also lists five approved vendors who offer remote notarization services. Helping Michigan residents solve their legal problems, Finishing Your Michigan Divorce with Minor Children. While the forms needed may vary from county to county, it’s wise to have all the forms that may be necessary ready at hand. File your Record of Divorce or Annulment now if you are in a county where it was not filed at the beginning of your case. Complete one of those forms, showing the date that you served the Judgment of Divorce and how you served it on your spouse. The Testimony in Final Divorce Hearing script will print with your other documents if you completed the Do-It-Yourself Divorce. These worksheets include detailed checklists of all the information needed to properly fill out the divorce forms. In divorce mediation, the parties and their attorneys meet with a neutral mediator, who facilitates the negotiation between the parties and helps them reach a settlement. A judge completes your divorce by signing your Judgment of Divorce. Make at least three copies of your Judgment of Divorce and Uniform Child Support Order and two copies of your Domestic Relations Judgment Information form. “A complaint for divorce may be filed in the circuit court upon the. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Ask the clerk's office for three copies of the signed form. You can also use the Divorce Process Flow Chart to keep track of where you are in the process. The judge will sign all copies of the forms. Grounds For a Michigan Divorce. Date and sign the Motion. You can use this even if you and your spouse agree on all of the issues in your divorce. The goal of SMILE is to help parents better understand the effects of divorce, the needs of their children, and their roles in promoting their children's healthy adjustment to divorce. You must sign and date each form that has a signature line. Additionally, if your spouse was abusive, addicted to drugs or alcohol, or absent, you may also be able to convince the court your ex is an unfit parent and request full or primary custody. You often make mistakes during your divorce that you pay for in the future. You can call the clerk’s office ahead of time to ask whether you need to make your own copies. Michigan offers forms for people to fill out in preparation for filing for divorce. Once at the beginning and then once at the end. Here is a list of the 9 things you should never do during a divorce: 1. Nearly all of us would like to think that we’re marrying our prospective spouses based upon mutual love and respect. For more detailed instructions about going to court, watch the Going to Court video. Go to the judge’s courtroom on the scheduled day and time. Sometimes it takes a village to navigate the divorce process. Hold hearing and decide issues. The Do-It-Yourself Divorce prepared two Proof of Service forms. To prevent cases from being dismissed over a lack of process, here’s what … Your 2017 Michigan Divorce Checklist should include the following to help you get your divorce started: Run your credit report. On your remaining copy of the Default Request and Entry form that has been signed by the clerk, date and sign the Certificate of Mailing section. File the signed Judgment of Divorce and Uniform Child Support Order with the court clerk’s office so that you will be considered divorced. Michigan Divorce Attorney post-divorce-checklist-michigan-divorce-lawyer-femminineo-attorneys Published November 2, 2020 at 500 × 334 in Create a Post-Divorce Checklist . You can print these instructions and take them with you to use as a checklist. Arrive 10 or 15 minutes before your scheduled hearing time. Enter judgment. Step 17: File the signed Judgment of Divorce and Uniform Child Support Order. If you are unable to pay the filing fee and judgment fee, you can ask the court to waive them. The Michigan Divorce & Financial Checklist is 40 pages and acts as a helpful guide in showing you what information you need to collect and document to have a successful divorce! Friend of the Court (by Income … The clerk will ask you to wait while someone reviews and approves your documents. If you receive public assistance based on having low income, a completed Fee Waiver Request will print out with your other documents from the Do-It-Yourself Divorce tool. Or it may be possible to have the form notarized remotely. The clerk of the court must automatically approve your fee waiver if any of these are true: If you do not fit into one of these three categories, a judge will review your Fee Waiver Request. 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. Whether your spouse is aware of your intentions for divorce or not, it’s wise to start cutting off their access to your own communications. If your spouse does not file an answer, you must enter a default or the court may dismiss your case for lack of progress. Before your hearing, go to the Friend of the Court office with your Judgment of Divorce and Uniform Child Support Order. Also write the hearing information the clerk gives you. Michigan Prenuptial Agreements Checklist. Checklist of Resources You May Need When Divorcing in Michigan. This list is not exhaustive—it is meant to stimulate brainstorming and provide a base for what you and your spouse should consider, particularly if you are planning on using the services of an attorney only in unbundled capacity. Your spouse must be served with the proposed final Judgment of Divorce, proposed Uniform Child Support Order, and the Notice of Hearing and Motion. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. You can get the forms from your local court clerk. Please be aware that some steps will vary from county to county. Otherwise, mail them to your spouse at their last known address or deliver them to your spouse. Michigan Legal HelpHelping Michigan residents solve their legal problems. To get divorced in Michigan, you'll need to file a petition for divorce with the county court where you or your partner live. The clerk will sign the form, entering the default. Consulting your divorce lawyers is the best way to ensure your paperwork is comprehensive, but the files often needed at the beginning include: And for cases involving minor children, you will also need the following: You may quality to waive the $175 cost of filing a complaint and the $80 judgment fee, as well as the other costs (serving papers, filing motions, or mediation). File the original Domestic Relations Judgment Information form with the Friend of the Court. Household inventory lists documents all furnishings, appliances and personal items inside the home, as well as their assessed value, since a court would likely not divide household items and personal property in a divorce settlement. If you are having trouble getting your spouse served in this time, you can file a motion for a second summons. Step 13: Send the proposed final documents and the Notice of Hearing and Motion to your spouse. of Treasury Form 2766) ☐ Transfer Homeowners Insurance. Topics covered include: 1. DivorceProceedingChecklist. There is no cost for this. Serve your spouse with a copy of the Judgment of Divorce and Uniform Child Support Order within seven days, and a completed Domestic Relations Judgment Information form. File one copy for the Friend of the Court. The original of each document gets filed with the court. Keep the remaining copy for the next step. An in-person notary can usually be found at a bank or the court. Step 18: Serve the Judgment of Divorce, Uniform Child Support Order, and Domestic Relations Judgment Information form on your spouse. If you are a Michigan resident considering divorce, there are several laws and processes you should know about before taking your first steps. You and your ex-spouse must obey the terms of the judgment. Contact your circuit court clerk’s office to find out which steps might be different in your county. Take the Default Request and Entry form to the court clerk's office. A Judgement of Divorce should ensure that all liabilities are accounted for and, while not comprehensive, credit reports for both individuals can supply a lot of the needed information. Keeping a household inventory checklist can simplify the difficult process of fairly dividing household items ina divorce. Have fun and stay safe. It will cost you at least $175 to file a complaint for divorce with minor children. The Do-It-Yourself Divorce tool prepared two copies of a Proof of Service form. You or your spouse must have lived in Michigan for at least 180 days before you file the divorce papers. Uniform Child Support Order. When consulting with an attorney, it’s a good idea to come with an understanding of the different custody options available: joint legal, joint physical, and sole. The Do-It-Yourself Divorce prepared two copies of a Proof of Service form. Your considerations will naturally change depending on whether minor children are involved and what custody plans you may be considering for them. To complete your divorce, you need to review and update (if necessary) the following documents that were prepared when you did the Do-It-Yourself Divorce: Judgment of Divorce. Dress neatly. Mark the box on the top of the Uniform Child Support Order that shows it is a final order. If a temporary order is entered as a result of a Friend of the Court process, you must file a Domestic Relations Judgment Information form with the Friend of the Court. Information about prior court cases, including prior divorces, paternity, personal prote… You may be required to schedule this process, or the court may schedule it for you. Hopefully, the divorce in Michigan checklist above highlights some of what you should expect from the process. 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