Michigan is a no fault divorce state. This means that either the husband or wife in a marriage needs no reason to file for divorce other than the desire to end that marriage. If the parties in a marriage have no children, then, with few exceptions, one must wait at least two months before the court will finalize the divorce. If the parties in the marriage have children, then, with few exceptions, one must wait at least six months before the divorce can be finalized.
A basic divorce without children or any other complications will usually proceed as follows. The person initiating the divorce files a complaint with the court. The spouse then normally files an answer to the complaint. If the spouse does not file an answer to the complaint, after 21 days the party initiating the divorce, the Plaintiff, will file a Default document with the court. The parties then come to an agreement as to the proper division of their property. That agreement is placed in a document entitled the Judgment of Divorce.
After the agreement, if the spouse filed an answer, he or she will then file a Withdrawal of Pleadings document. The Plaintiff would then file a Default with the court. A court date is set, called a Pro Confesso, where certain questions are asked of the Plaintiff in open court. The Judge then will sign the Judgment of Divorce and the divorce becomes final.
If there are children then the above description applies with some additions. There is an additional fee paid at the filing to fund a Friend of the Court Investigation. The Friend of the Court, a government entity concerned with child welfare issues, will call the parties into a conference. The Friend of the Court will then make recommendations concerning child support, visitation, and custody.
| There are two types of custody. The first type is primary physical custody. The party that has primary physical custody cares for the child the majority of time. The other party usually is granted visitation rights as determined by the Friend of the Court.
The other type of custody is legal custody. Legal custody concerns the making of important decisions in the life of the child, such as medical decisions and educational decisions. In general, barring extraordinary circumstances, the parties to a divorce are granted joint legal custody.
Of course, many different situations would change the proceedings as above described. For example, if the parties are in dispute the court orders a discovery process to resolve issues. This can include the taking of depositions and written interrogatories.
The court may order mediation where a third party reviews submitted materials and tries to broker a mutually agreed upon judgment of divorce. If mediation is not successful then the court will make a final determination after a trial.
It is important that each party to a divorce has competent representation. Attorney Scott M. Neuman has extensive experience in representing both Plaintiffs and Defendants in divorce actions, and he can be contacted at 1-888-684-3999 or through this online case submit form.
The following sections detail the various aspects of divorce, custody, support, visitation, and property division settling the affairs of the marriage.
For professional legal service at a reasonable cost, call today, toll-free, 1-888-684-3999. |