How to Get a Divorce and Child Support in Michigan
- 1). Ensure that you meet the requirements to file for a divorce in Michigan. The plaintiff or defendant must have lived in Michigan for at least 180 days before the case is filed and at least 10 days in the county where the case will be filed.
- 2). File a complaint of divorce and other forms. The plaintiff must also file a Marital Settlement Agreement, a Uniform Child Custody Jurisdiction Enforcement Act Affidavit, an Answer and Waiver and a verified statement and application for IV-D Services. The friend of the court will use the verified statement and application for IV-D services to collect, record and enforce child support. File the forms at the family division of the circuit court in the jurisdiction where you or your spouse lives. Your filing fee will be more if you have children under the age of 18. These forms are available from the family division of the circuit court. You can also download them, for a fee, from websites such as USlegalforms.com and Publiclegalforms.com.
- 3). Once the court issues a summons, serve the defendant with it as well as a copy of the complaint for divorce within 91 days from the date the complaint is filed. Service may be performed by personal delivery through a party who is not involved in the case, like a sheriff or deputy. It can also be performed by certified or registered mail with return receipt requested. The defendant has 21 days to respond. If he or she does not file a response with the court within this time the court will enter a default judgment for the plaintiff. The court will schedule a hearing after the defendant has been served.
- 4). Meet with the friend of the court and provide requested documents. The Office of the friend of the court helps the court in cases where there are minor children or where the divorcing parties cannot agree on an outcome. The friend of the court collects information and makes recommendations for child support, visitation, property division and alimony. This person also enforces the court's judgment on child support and visitation. The defendant must be present at this meeting also.
- 5). Attend the hearing. During the hearing the judge will decide on child custody, child visitation and child support.
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