Divorce Guide

Divorce Guide

Uncontested Divorce in Michigan

One can file a divorce in Michigan State without hiring an attorney. This can be done when there are no children involved and the divorce is uncontested. In an uncontested divorce, issues like alimony, marital assets, child custody and support are solved by mutual consent. Uncontested divorce in Michigan can be obtained if you and your spouse meet the residential requirements of the state.

Residential Requirements and Grounds for Filing in Michigan Divorce Court

There are certain Michigan laws which you should follow before filing for divorce. Filing for divorce in Michigan requires at least one of the spouses to be resident of the state. At least one of the spouses must have established residency for 180 days prior to filing the petition. Moreover, one spouse must reside in the county where divorce process will be starting at least 10 days before filing the complaint. The residential requirement is established in Michigan revised statue section 552.9, 552.9e and 552.9f.

Michigan is a no fault state. It permits only no fault divorce. There is no specific process for filing the no fault divorce. Under Michigan laws, no fault divorce is accepted on the condition of irreconcilable differences. According to section 552.6, irreconcilable difference is a breakdown of marriage without any likelihood of reconciliation in the relationship. Though Michigan permits no fault divorce, it is necessary for every plaintiff to supply the reason or grounds for filing the petition. These issues do not have bearing whether the court will grant divorce or not, but it can affect the issues related to family law.

Some couples end marriages by way of an uncontested divorce. An uncontested divorce happens when:

  1. The actions are ignored by the defendant and he/she does not file an answer or
  2. When he or she cannot or will not be located. Both situations then resolve themselves by default.

Steps for an Uncontested Divorce in Michigan

  • The first form to be filed in an uncontested divorce is the Complaint for Divorce. The Complaint basically shows the Court the grounds and your intentions for divorce.
  • After filing the Complaint, keep the copy of it to serve it on your spouse. By divorce law, you cannot serve your spouse yourself. You must have a process server or sheriff who personally hand delivers the copy and shows the proof to the Court that this was done.
  • You and your spouse should then prepare a settlement agreement, showing the division of all property and other marital assets. Don't forget to include any debts and investments in the agreement. If the wife is planning on taking her maiden name back, it should be included in the agreement.
  • Once you and your spouse has agreed on terms of the agreement, sign it and present it to the judge as a final decree.

An uncontested divorce in Michigan is less complicated and stressful than a contested divorce. These are the simple steps to follow in an uncontested divorce.

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