How to Start the Divorce Process
Timeline for UNCONTESTED DIVORCE in Oakland, Wayne & Macomb
- A party must reside in MICHIGAN for 180 days prior to the filing of the complaint for divorce.
- A party must reside in the COUNTY where the divorce is filed for at least 10 days prior to filing for divorce.
- If there are NO CHILDREN - the divorce can be quick and can take as little as 60 days.
- If there are minor CHILDREN - there is a statutory waiting period of six months, which may be waived by the Court if it is in the best interest of the children.
Process of an UNCONTESTED DIVORCE Oakland, Wayne & Macomb
- One of the spouses (husband OR wife) meets with the divorce attorney to discuss the Complaint for Divorce and sign the paperwork. The spouse that files the Complaint for Divorce is the Plaintiff. The other spouse is the Defendant.
- The Complaint for Divorce is filed in the Circuit Court of the County where the party resides.
- If necessary, Ex Parte Orders to Maintain the Status Quo are filed along with the Complaint for Divorce (to maintain health insurance, freeze bank accounts, etc.). Ex Parte Orders are temporary orders that may be requested at any time after the case is started and before the Judgment of Divorce is entered.
- The Complaint for Divorce and Summons is served on the other spouse, the Defendant, who has 28 days (if served via certified mail / 21 days if personally served) to respond by filing an Answer, which is the response to the Complaint for Divorce.
- If no Answer to the Complaint for Divorce is filed by the Defendant, the divorce lawyer will file a Default.
- Before the court hearing, there are statutory waiting periods for a divorce to be granted in Michigan, as stated above. If there are no children of the marriage, there is a statutory waiting period of 60 days before the divorce can be granted. If there are minor children of the marriage, the waiting period will generally be around six months.
- If there are minor children of the marriage, the parties will meet with the Friend of the Court. It is necessary for the parties to take tax returns for the last two years to the meeting with the Friend of the Court. Child Support is determined pursuant to computations based on the Michigan Child Support Guidelines.
- The divorce lawyer discusses the divorce settlement with the client and the opposing party.
- The division of marital assets and marital debt must be fair and equitable. The property division will be final and binding on the parties to the divorce. Once the divorce is granted, the distribution of property will be non-modifiable.
- The Court hearing occurs where the parties meet with the Judge in Court and the Judgment of Divorce is placed on the record.
- Once the Judgment of Divorce is entered by the Judge, the parties are divorced.
Ms. Vainik is a Michigan divorce attorney who will handle your divorce in Wayne County Michigan, Oakland County Michigan, and Macomb County Michigan. Ms. Vainik is an experienced, affordable divorce lawyer who will handle your quick uncontested divorce.