DIY: Divorce in Michigan
- 1). Go to the Family Division of the circuit court in your county.
- 2). Complete the divorce complaint and summons. The divorce complaint names you and your spouse as the parties in the divorce, states that you are requesting a divorce and lists the remedies that you seek, such as, custody of the children, or spousal support. The summons is a court document that gives notice to your spouse that you have filed for divorce. Make three copies of both the complaint and summons.
- 3). Complete any additional forms that may be required, such as child custody and child support forms, if applicable. Procedures vary from court to court, so be sure to confer with the court clerk about any additional forms necessary.
- 4). File the complaint with the court clerk and pay the filing fee. Ask the court clerk for the appropriate fee in your county. Apply for a fee waiver if you cannot afford to pay the fees.
- 5). Have your spouse served with the complaint and summons. You can have any adult personally deliver the documents to your spouse, or you can use certified mail with a return receipt request. Your spouse has 21 days after being served to file a response with the court.
- 6). Attend the divorce hearing. The judge will hear from you and your spouse about your divorce and the issues you cannot agree upon, such as child custody, child support and the division of marital property. The judge will make a determination on these issues and grant a final judgment of divorce. The whole process takes approximately two months if there are no children involved, and at least six months if you have minor children. Keep in mind that the process time is also dependent upon the court docket and the number of judges available to hear cases.
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