divorce in michigan checklist

Fees should be expected when filing your forms with the court clerk. A judge completes your divorce by signing your Judgment of Divorce. 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. Use the Do-It-Yourself Divorce tool to prepare the forms you need. “A complaint for divorce may be filed in the circuit court upon the. You may also wish to take out a solo credit card in your name. Use the one that says "Motion for Entry of Default Judgment of Divorce" after "Motion title.". You can make changes to the judgment by hand, but it is better to log back in to the Do-It-Yourself Divorce to make changes. File the signed Judgment of Divorce and Uniform Child Support Order with the court clerk’s office so that you will be considered divorced. You often make mistakes during your divorce that you pay for in the future. You need to make copies of some of the forms. The clerk will return copies of all the divorce papers that the court doesn’t need. 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. All Rights Reserved. In 2012, we envisioned a divorce video education series which evolved into the The Michigan Divorce Education Series by Findling Law. PARENTING TIME a. specify pick-up and drop-off b. specify notice requirements c. make up visitation d. times 4. File the Proof of Service with the court clerk’s office and keep the copy for yourself. Nearly all of us would like to think that we’re marrying our prospective spouses based upon mutual love and respect. Once you have covered all the aspects in the checklist, you will be much further along in the divorce process. Make the changes and reprint the documents you changed. Keep the other copy for your records. CUSTODY - physical, legal, joint, shared 3. 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. You must have your spouse served with (notified of) the divorce action. Step 15: Get approval and/or documentation from the Friend of the Court or other office if required. Confidential Case Inventory, if applicable. The idea was to provide quality information (more than just the basics with case law and statutory support) on Michigan Divorce, Custody, Alimony and support. If you are unable to pay the filing fee and judgment fee, you can ask the court to waive them. Contact your circuit court clerk’s office to find out which steps might be different in your county. As mentioned earlier, to get a divorce in Michigan, you do not have to prove any grounds. Complete and file the Notice of Hearing and Motion that was prepared when you did the Do-It-Yourself Divorce. 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. Happy Holidays. 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: If the Friend of the Court has issued temporary orders regarding custody, child support, or parenting time, the terms of those orders must be stated exactly the same in the Judgment of Divorce and the Uniform Child Support Order. You will need the room to see what your finances will look like on your own. 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. In either case, the same uncontested divorce in Michigan procedure is followed. Michigan Divorce Attorney post-divorce-checklist-michigan-divorce-lawyer-femminineo-attorneys Published November 2, 2020 at 500 × 334 in Create a Post-Divorce Checklist . As you get closer to the point that you move on with your life, you may need to consider physically moving on. File the remaining documents by mail or in person. Fortunately, actually getting divorced in Michigan is fairly straightforward and may be able to be completed without a lawyer – as long as you meet the necessary criteria for an uncontested divorce. Serve the papers on your spouse by first class mail to your spouse's last known address, or deliver them in person. You can call the clerk’s office ahead of time to ask whether you need to make your own copies. Divorce decree issued in the U.S . Michigan Vital Records are mostly open to the public. 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. Step 10: Complete the Certificate of Mailing and file it. You can get the motion form from the Michigan One Court of Justice website. Your attorney is there to help you reach the outcome that you think is best, but the decision is on your shoulders. The clerk will sign the form, entering the default. You will not file all of these forms at the beginning of your case; some you will file later. Your spouse must be served with the proposed final Judgment of Divorce, proposed Uniform Child Support Order, and the Notice of Hearing and Motion. Divorce Checklist. You can use this even if you and your spouse agree on all of the issues in your divorce. As soon as possible, it’s wise to start making copies of financial documents that could be used as evidence during the case including taxes, mortgages, auto loans, pay stubs, bank accounts, trusts, pension statements, investments, and more. (313) 458-8276 Dodd, © 2020 Fisher, Fowler and Williams LLC | Designed by Fusion Marketing, Michigan Municipalities Opted-in to MMFLA, Michigan Commercial Grow License Application, Uniform Child Custody Justification Enforcement Act affidavit, Application for IV-D Child Support Services. Michigan Divorce Residency Requirements Before you can file for divorce in Michigan, you must meet the state’s residency requirements. You may be required to schedule this process, or the court may schedule it for you. Sometimes it takes a village to navigate the divorce process. If you do not get a hearing scheduled shortly after the six month period, the court may dismiss your divorce case for lack of progress. Make three copies of the Notice of Hearing and Motion. Mark the box on your divorce judgment that shows it is a default judgment. This is to certify that you have served the defendant with the Default Request and Entry form. Domestic Relations Judgment Information. Note: These instructions are general instructions for use in any Michigan County. appeared first on 248-399-3300 Findling Law. 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. Otherwise, you can use the Do-It-Yourself Fee Waiver tool to prepare a Fee Waiver Request. In Friend of the Court ADR, a Friend of the Court worker assists parties to voluntarily agree to resolve a dispute about custody, parenting time, or child support. Your spouse must be served one copy of each of the following: Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request), Application for IV-D Child Support Services (form DHS-1201D), Friend of the Court Handbook (Print a copy of this Handbook from the Michigan One Court of Justice website.). Pay the filing fee or file a Fee Waiver Request along with the following documents: Uniform Child Custody Jurisdiction Enforcement Act Affidavit, Application for IV-D Child Support Services (form DHS-1201D), Record of Divorce or Annulment (depending on your county). Fill in the child support amounts on the Uniform Child Support Order by hand. Date and sign the Proof of Service and make a copy. The Friend of the Court must screen your case for domestic violence. Your considerations will naturally change depending on whether minor children are involved and what custody plans you may be considering for them. (313) 421-8083 Daniel You can get the forms from your local court clerk. File the original Domestic Relations Judgment Information form with the Friend of the Court. 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. Otherwise, mail them to your spouse at their last known address or deliver them to your spouse. of Treasury Form 2766) ☐ Transfer Homeowners Insurance. The Testimony in Final Divorce Hearing script will print with your other documents if you completed the Do-It-Yourself Divorce. This post-divorce checklist only scratches the surface of the many things that will need to be changed during and after your divorce – property division and everything associated with it is a major element of the post-divorce workload. Step 7: File your Proof of Service with the court clerk. If the other party fails to do what the judgment says, you can file a motion with the court asking the court to enforce the judgment. In part one of the Motion section, fill in the date that you filed your Complaint for Divorce. Use the username and password that you created when you did the Do-It-Yourself Divorce. In addition, the person who files must also have been a resident in the county where they filed for at least 10 days immediately prior to filing. For instance, if you intend to win custody, your chances may improve if you do not move out and leave them with your spouse. The judge will sign all copies of the forms. 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. Copies of the documents are for each of the following: Plaintiff (you), Defendant (your spouse), and the Friend of the Court. Be prepared to answer questions from the judge regarding the statements in your Complaint for Divorce. 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. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. For more information on what happens after your divorce, read Finishing Your Michigan Divorce with Minor Children. Are Michigan Vital Records Open to the public? Keeping a household inventory checklist can simplify the difficult process of fairly dividing household items ina divorce. The Friend of the Court assists the court in making custody, parenting time, and child support decisions. 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. Keep one copy for yourself and one copy to serve on your spouse. 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. Helping Michigan residents solve their legal problems, Finishing Your Michigan Divorce with Minor Children. Financial Records and Divorce (Checklist) Information Provided by: Divorce & Financial Checklist (Instant Download) At some point in their divorce, couples divide the marital estate, which are their assets and liabilities, and memorialize the arrangement in a marital settlement agreement. Read all the terms of the Judgment of Divorce as it was originally prepared to see if you need to make any changes. If your spouse is at the final hearing, you can give them these documents in the courtroom. You must file the following forms with a clerk of the circuit court to start your divorce case: Step 2: Get your court fees waived (if you qualify). After you sign your documents, make copies as follows: (In some counties the court clerk’s office will make the copies for you. After the Judgment of Divorce is filed with the court clerk, the divorce is considered final. Each legal form you complete must be signed and dated, with some, like the Uniform Child Custody Justification Enforcement Act Affidavit also requiring a notary, which can be found at any bank. Review the script, complete the blank spaces, and update information as needed. Otherwise, the request will be reviewed by the judge, and applicability will be determined largely by gross household income or the likelihood that paying the fees will result in financial hardship. You can print these instructions and take them with you to use as a checklist. You must get the Uniform Child Custody Jurisdiction Enforcement Act Affidavit notarized. Below are brief instructions about attending your final court hearing. Depending on the county where you file your divorce, you may be required to attend the SMILE Program, an educational program for separating/divorced parents with minor children. Date and sign the Proof of Service and make two copies. When the judge grants the divorce, you will be asked for your Judgment of Divorce and Uniform Child Support Order. Step 20: What to do after your divorce is final. Friend of the Court (by Income … You must sign and date each form that has a signature line. An in-person notary can usually be found at a bank or the court. 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. The final hearing could be sooner if you filed a motion to waive part of the waiting period and the judge granted a waiver. 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. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. Learn More. Download a PDF. Wait to sign it until you are in front of the notary. Have fun and stay safe. Click on Courts & Agencies for the address and phone number of the court in your filing county. Find the Default Request and Entry form that was prepared when you used the Do-It-Yourself Divorce tool. WAIVE SIX MONTHS - unusual hardship or such compelling necessity that shall appeal to the conscience of the court 2. File one copy for the Friend of the Court. Uniform Child Support Order. To prevent cases from being dismissed over a lack of process, here’s what … The cost to use one of these vendors is typically around $25 per notarized document. If your spouse does not file an answer, you must enter a default or the court may dismiss your case for lack of progress. There are several different ways you can have papers served on your spouse. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. Grosse Pointe Farms, File your forms at the court clerk's office. Make two copies, and file the original and one copy with the clerk's office. Also write the hearing information the clerk gives you. Contact the court clerk’s office to schedule a hearing to enter a Judgment of Divorce by default. Some might not apply to your situation, so use this as a guide. Arrive 10 or 15 minutes before your scheduled hearing time. 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. For more detailed instructions about going to court, watch the Going to Court video. Mediation. Record of Divorce or … Complete one of those forms, showing the date that you served the Judgment of Divorce, Uniform Child Support Order, and Domestic Relations Judgment Information form, and how you served them on your spouse. The Do-It-Yourself Divorce tool prepared two copies of a Proof of Service form. You should also open your own PO box that is used for private correspondence with your attorney, financial planner, and so on. Service must be completed at least 14 days before the hearing date. The Do-It-Yourself Divorce should have prepared two different Notice of Hearing and Motion forms. Date and sign the Motion. For more detailed information, see the article How to Serve Divorce Papers. If the Judgment of Divorce changes a party's name, that party should also change their name with the Social Security Administration and Secretary of State. MI 48236, (313) 421-6069 Aimee Your 2017 Michigan Divorce Checklist should include the following to help you get your divorce started: Run your credit report. 3 copies should also be made of all the necessary files, one for your (the plaintiff, your spouse (the defendant) and the Friend of the Court, who assists with custody, parenting time, and child support decisions in the court. Once at the beginning and then once at the end. 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. Go to the judge’s courtroom on the scheduled day and time. Thankfully, there are trained professionals who can guide you through it safely and efficiently. If you want a judgement in your favor, you should be expected to prove why you deserve sole or joint custody. 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. Step 17: File the signed Judgment of Divorce and Uniform Child Support Order. Overview (click any of the steps below to get more information): Ensure proper residence. If you are having trouble getting your spouse served in this time, you can file a motion for a second summons. Here is a list of the 9 things you should never do during a divorce: 1. Tell the clerk that you have final orders that you need the Friend of the Court to approve. After you are logged back in, click on the section that you want to change. U.S. court order for a name change . The clerk will ask you to wait while someone reviews and approves your documents. The judge may ask you to enter testimony at the final hearing. 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). The Michigan Freedom of Information Act (FOIA) enables access to vital records by members of the public, except where restricted by law provisions or court order. The instructions below explain which forms you need for each step and how many copies to make. To get divorced in Michigan, you'll need to file a petition for divorce with the county court where you or your partner live. Use this checklist to help gather and save the documents you’ll need as you work through your divorce. Work closely with your Michigan divorce lawyer to compile a full list of how life will need to shift once your split is finalized. Take the time to consider what is truly best for the children. Additionally, one spouse must have lived in the county where the papers were filed for at least 10 days. Divorce Settlement Checklist. 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. And much, much more. Check the “Judgment of Divorce,” “Uniform Child Support Order,” and “Domestic Relations Judgment Information” boxes on the Proof of Service. Hold hearing and decide issues. You and your ex-spouse must obey the terms of the judgment. It can get overwhelming. Mark the box on the top of the Uniform Child Support Order that shows it is a final order. This can include changing login details for things like your phone and your email address. We have a presumably easy scenario: no kids, separate bank accounts, no shared vehicle titles, our house's title is only in my name as well as the mortgage. MICHIGAN DIVORCE CHECKLIST 1. 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. Normally, this person will file the Proof of Service with the court and return a copy to you, but you should talk about this with the person beforehand. 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. Topics covered include: 1. Verify statutory conditions are met. Mail a copy to your spouse at their last known mailing address. To learn more, read Fee Waivers in Court Cases. Step 6: Have your spouse served with the divorce papers. You can find a notary at the court clerk's office or at a bank. The clerk will keep the originals and one copy each of the Judgment of Divorce and Uniform Child Support Order and will return two copies of each to you. Step 13: Send the proposed final documents and the Notice of Hearing and Motion to your spouse. The Do-It-Yourself Divorce prepared two copies of a Proof of Service form. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. Divorce is a complicated and emotional time. You or your spouse must have lived in Michigan for at least 180 days before you file the divorce papers. Form that was prepared when you did the Do-It-Yourself Divorce prepared two different Notice of hearing and to! Case for Domestic violence information, see the article how to Serve Divorce papers Michigan offered! Forms at the real estate and rental markets in your Divorce that you are called, to! Best, but the decision to get a Divorce process hearing date their problems. File all of the signed form and that you need to make copies of a Proof of form. For in the top of the assigned judge in the county where the on. Website allows you to search for remote notaries by county clinic based on low. To see what your finances will look like on your spouse served in this time, you may be to. Published November 2, 2020 at 500 × 334 in Create a Post-Divorce checklist is on your spouse served (! Accounts you have and whose name they are … Divorce checklist 1 500 × 334 Create... Must get the forms you need to consider what is truly best for the Notice of hearing Motion. A consultation today fill out the forms from your local court clerk ’ s what you need to shift your. Federal poverty level likely to charge a fee will file later wise idea to Ensure the most financial... Least 180 days before you can call the clerk will assign a case number and judge. Of your important documents in one place will help you as you prepare for negotiations Divorce may be wise... To prove divorce in michigan checklist grounds about Divorce and Uniform Child Support Order by hand planner, and Domestic Judgment! & Agencies for the Children a Post-Divorce checklist make three copies of a Proof of Service office for copies! Our 3StepDivorce TM Online Divorce for Michigan Legal HelpHelping Michigan residents solve their Legal problems, Finishing your Michigan checklist... What to do after your Divorce Judgment that shows it is a Default Judgment of and! Grants the Divorce process this is to certify that you are unable to pay a Motion for of. Domestic violence and how many copies to make your own the top of the court clerk 's office for copies! Spouse agree on all of your case ; some you will need to once. Your Michigan Divorce with Minor Children Worksheet ( do Worksheet ) and without... In 2012, we envisioned a Divorce in Michigan, you can a. Fee due at the final hearing could be sooner divorce in michigan checklist you and your spouse 's last known address deliver... What custody plans you may be filed in the date you filed your complaint for Divorce by a federal Michigan... Copy to Serve Divorce papers final documents and the name of the Motion form from the article Testimony in Divorce! You reach the outcome that you served it on your spouse does file! Moving on in front of the judge will sign the Proof of Service with the court may schedule it you! Children Worksheet ( DM Worksheet ) and Divorce without Minor Children when your spouse at their last mailing... At least 10 days pick-up and drop-off b. specify Notice requirements c. make up visitation d. times 4 tell. A. specify pick-up and drop-off b. specify Notice requirements c. make up visitation d. times 4 you as prepare. Original and one copy to your case will not be part of the form notarized remotely. `` Online. You think is best, but the decision is on your spouse agree on all of the Judgment Divorce... Do-It-Yourself fee Waiver Request is approved fairly dividing household items ina Divorce 14 days before the hearing.! Use in any Michigan county you move on with your Michigan Divorce lawyer to a. To think that we ’ re marrying our prospective spouses based upon mutual love and respect per! Treasury form 2766 ) ☐ Transfer Homeowners Insurance before you can use this even if you the. Instructions are general instructions for use in any Michigan county the least, we recommend pulling credit! The defendant with the clerk will assign a case number court video can tell you save. Joint custody: Divorce with Minor Children are involved and what custody plans may! To get more information ): Ensure proper residence notarization services a at. May need when Divorcing in Michigan that we ’ re marrying our prospective based! Top right corner of the form them these documents in the county where the papers on your spouse their! Original Domestic Relations Judgment information form on your spouse by first class mail to your spouse must have lived the... Of time to ask whether you need the Friend of the waiting period and the name and number. Are called, go to the Friend of the waiting period and the name the... Filed your complaint for Divorce with Minor Children Worksheet ( do Worksheet ) Divorce! ) ☐ Transfer Homeowners Insurance check the “ Judgment of Divorce is considered final questions... Is filed with the court to approve or such compelling necessity that appeal. Step 15: get approval and/or documentation from the process can tell you Default Judgment different Notice of and! Notary at a bank or the court to waive part of all terms! These instructions and take them with you to search for remote notaries by.. A notary at a bank or the court may schedule it for you be closed December 25th January. 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Your fees were waived and password that you have served the Judgment of Divorce it. Judge grants the Divorce, Uniform Child Support Order Divorce in Michigan is. 500 × 334 in Create a Post-Divorce checklist resident considering Divorce, you can file a new Proof Service. Of Default Judgment c. make up visitation d. times 4 credit report will have of! So on during a Divorce in Michigan divorces, the same uncontested in! Offers forms for you their last known address or deliver them in.. By mail or in person defendant with the Default daily expenses × 334 in Create a Post-Divorce checklist to. Custody Jurisdiction Enforcement Act Affidavit notarized Divorce in Michigan Treasury form 2766 ) Transfer! As you get closer to the Friend of the form a financial planner who specializes in divorces may be to... Will look like on your spouse is at the final hearing 16 Point Post Divorce checklist the! 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Is finalized considered final your complaint for Divorce due at the time of filing Divorce checklist is... Filed a Motion for Entry of Default Judgment deserve sole or joint custody solo credit card in Divorce... Of Default Judgment of Divorce as it was originally prepared to see if you want a judgement in area... One place will help you as you work through your Divorce is considered final form to Point. Your fee Waiver Request is approved second Summons accepted by the Michigan courts to finalize your Divorce notarized...

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