Residency

• Either spouse can file for a divorce in Michigan if they have been residents of the state for at 180 days. They can file at the court in the county where they reside if they have lived there for at least 10 days.
  
  

File Documents

• The plaintiff opens the divorce case by filing a Complaint for Divorce with the court clerk at the local circuit court. The complaint identifies the parties involved and describes the issues and the remedy the plaintiff seeks. In addition to this form, the plaintiff also has to file a Marital Settlement Agreement, an Answer and Waiver, a Verified Statement and Application for IV-D Services and a Uniform Child Custody jurisdiction enforcement, if there are minor children involved. The amount of the filing fee will depend on whether there are minor children or not.
  
  

Summons

• The court clerk will issue a summons after the Complaint has been filed. This summons, addressed to the defendant, lists the names and contact information of the parties involved, the name and address of the plaintiff's lawyer, if any, and notifies the defendant of the amount of time he has to respond.
  
  

Service

• The plaintiff must serve the defendant with the summons and a copy of the complaint for divorce. A legally authorized party who is not involved in the case may serve the documents, like the sheriff or a process server. It is also possible to deliver the documents by certified or registered mail, return receipt requested or by service to restricted persons. Service must occur within 91 days from the date the case was filed and the plaintiff must file evidence showing that the defendant was served. This is called a proof of service.
  
  The defendant must file a response with the court within 21 days, showing her agreement or disagreement with the contents of the Complaint. If the defendant does not file an answer with the court within this time, the judge will enter a judgment in the plaintiff's favor.
  
  

Discovery

• During discovery, the attorneys for both parties seek to find out as much information as is possible about each party's assets and debts. This part of the process is unnecessary if both parties have full knowledge of each other's assets and debts. The parties will have to answer interrogations and provide required documents. Parties must also meet with the Friend of the Court. The Friend of the Court is a department in the circuit court which helps the court's discovery process. It also helps in cases where the couple cannot agree or there are minor children. It will make recommendations on child support and visitation and how property should be divided.
  
  

Hearing

• After filing a proof of service, the plaintiff is eligible to schedule a hearing. If the case is uncontested, the case will be short. If the case is contested, the case will have to go to trial. The parties can have a jury determine the case or have a bench judge. At the conclusion of the case the judge will enter a judgment for the dissolution of the marriage as well as child custody, support and visitation, if applicable.