The cost to use one of these vendors is typically around $25 per notarized document. Depending on your county, you may also be required to participate in a Friend of the Court alternative dispute resolution (ADR) process, such as conciliation or mediation. 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. Step 10: Complete the Certificate of Mailing and file it. To make it even worse, there are a ton of different kinds of ‘divorce checklists’ to consider – • Marriage Assessment Checklist • Divorce Lawyer Pre-Screen Checklist • Hiring a Divorce Mediator Checklist • Pro Se Divorce Checklist • Counseling and Divorce Checklist . Step 6: Have your spouse served with the divorce papers. You often make mistakes during your divorce that you pay for in the future. You must have your spouse served with (notified of) the divorce action. File one copy for the Friend of the Court. Michigan Divorce Residency Requirements Before you can file for divorce in Michigan, you must meet the state’s residency requirements. (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. Specific instructions for your county are not yet available. 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. (313) 421-8083 Daniel 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. Sometimes it takes a village to navigate the divorce process. Take the other copies with you. It will cost you at least $175 to file a complaint for divorce with minor children. Keep one copy for yourself and one copy to serve on your spouse. 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. File the original and one copy of the Proof of Service with the clerk’s office and keep the other copy for your records. Find the Default Request and Entry form that was prepared when you used the Do-It-Yourself Divorce tool. Otherwise, mail them to your spouse at their last known address or deliver them to your spouse. You receive public assistance based on having low income (examples: FAP, SNAP, Healthy Michigan, CHIP, ESO, FIP, TANF, WIC, SSI); You are represented by a legal services program that receives funding from the Legal Services Corporation or the Michigan State Bar Foundation; or. For instance, if you intend to win custody, your chances may improve if you do not move out and leave them with your spouse. At the least, we recommend pulling your credit report twice during the divorce process. The judge may ask you to enter testimony at the final hearing. If your spouse does not file an answer, you must enter a default or the court may dismiss your case for lack of progress. File the remaining documents by mail or in person. 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 Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. Divorce in Michigan. 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. Fill in the child support amounts on the Uniform Child Support Order by hand. 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. Once you have covered all the aspects in the checklist, you will be much further along in the divorce process. Give the clerk all of the originals and all of the copies. Dress neatly. Preparation is key, and this divorce in Michigan checklist can ensure that you’re prepared for any eventuality, ensuring cases with minor children involved, or where a spouse does not answer a complaint. Ask the clerk's office for three copies of the signed form. For more information on what happens after your divorce, read Finishing Your Michigan Divorce with Minor Children. There are two forms: Divorce with Minor Children Worksheet (DM Worksheet) and Divorce without Minor Children Worksheet (DO Worksheet). After you sign your documents, make copies as follows: (In some counties the court clerk’s office will make the copies for you. In paragraph three, write the name and bar number of the judge, if you have it. Step 20: What to do after your divorce is final. The clerk will ask you to wait while someone reviews and approves your documents. To prevent cases from being dismissed over a lack of process, here’s what … You will not file all of these forms at the beginning of your case; some you will file later. U.S. court order for a name change . There is a personal protection order (or other protective order) between you and the other party, There used to be a personal protection order (or other protective order) between you and the other party, You and the other party are involved in a past or present child abuse and neglect proceeding. Have fun and stay safe. The Secretary of State (SOS) website allows you to search for remote notaries by county. Divorce document checklist Having all of your important documents in one place will help you as you prepare for negotiations. Mark the box on your divorce judgment that shows it is a default judgment. Date and sign the Proof of Service and make two copies. That way you know exactly how many accounts you have and whose name they are … Download a PDF. Financially, a divorce process is a transformative time. 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. Step 7: File your Proof of Service with the court clerk. Preparation is key, and this divorce in Michigan checklist can ensure that you’re prepared for any eventuality, ensuring cases with minor children involved, or where a spouse does not answer a complaint. Divorce Checklist. You should also open your own PO box that is used for private correspondence with your attorney, financial planner, and so on. There are several different ways you can have papers served on your spouse. File the original and one copy of the Proof of Service with the court clerk’s office and keep the other copy for yourself. These worksheets include detailed checklists of all the information needed to properly fill out the divorce forms. Review the script, complete the blank spaces, and update information as needed. Enter your case number and the name of the assigned judge in the top right corner of the form. 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. Wait to sign it until you are in front of the notary. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees. Michigan Prenuptial Agreements Checklist. 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. WAIVE SIX MONTHS - unusual hardship or such compelling necessity that shall appeal to the conscience of the court 2. Otherwise, you can use the Do-It-Yourself Fee Waiver tool to prepare a Fee Waiver Request. Date and sign the Motion. The hearing date will be scheduled at least six months after the date you filed your divorce. These are step-by-step instructions to help you with your divorce with minor children when your spouse does not file an answer to your complaint. 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). Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. There may be more costs, such as charges for having papers served on your child’s other parent, motion filing fees, and costs for alternative dispute resolution services (mediation). You can find a notary at the court clerk's office or at a bank. Whether your spouse is aware of your intentions for divorce or not, it’s wise to start cutting off their access to your own communications. Go to the judge’s courtroom on the scheduled day and time. Talking to a financial planner who specializes in divorces may be a wise idea to ensure the most secure financial positioning possible. Check the “Judgment of Divorce” box on the Proof of Service. Your credit report will have listings of accounts in the marriage, including under whose name they are. To get a divorce, the only reason needed is that there has been a serious breakdown of the marriage that is permanent and that there are no chances of you working things out with your spouse. Nearly all of us would like to think that we’re marrying our prospective spouses based upon mutual love and respect. You must sign and date each form that has a signature line. Date and sign the Proof of Service and make two copies. Michigan offers forms for people to fill out in preparation for filing for divorce. After the Judgment of Divorce is filed with the court clerk, the divorce is considered final. Although Michigan is a no-fault divorce state, you may be able to ask the judge for a more favorable property settlement or spousal support award because of your spouse’s misconduct. Tell the clerk that you have final orders that you need the Friend of the Court to approve. Arrive 10 or 15 minutes before your scheduled hearing time. Explore our article to learn more or request a consultation today. Ensure proper filing. Take the Default Request and Entry form to the court clerk's office. Thankfully, there are trained professionals who can guide you through it safely and efficiently. Verify statutory conditions are met. PARENTING TIME a. specify pick-up and drop-off b. specify notice requirements c. make up visitation d. times 4. All Rights Reserved. You and your ex-spouse must obey the terms of the judgment. Each party is required to disclose all of their assets, usually through Interrogatories (written questions) or Depositions (a meeting in which the attorneys can ask questions face to face). You can print these instructions and take them with you to use as a checklist. 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. 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. Your case will not start until you pay the fees or your Fee Waiver Request is approved. It can get overwhelming. Work closely with your Michigan divorce lawyer to compile a full list of how life will need to shift once your split is finalized. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. 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. File the signed Judgment of Divorce and Uniform Child Support Order with the court clerk’s office so that you will be considered divorced. Looking at the real estate and rental markets in your area can help you start putting together plans for moving out. 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. Date and sign the Proof of Service and make a copy. 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. You or your spouse must have lived in Michigan for at least 180 days before you file the divorce papers. The original of each document gets filed with the court. Michigan Legal HelpHelping Michigan residents solve their legal problems. Be prepared to answer questions from the judge regarding the statements in your Complaint for Divorce. If not, you can print the script from the article Testimony in Final Divorce Hearing. Step 17: File the signed Judgment of Divorce and Uniform Child Support Order. As emotionally challenging as they can be, there’s no reason to make a divorce more contentious or fraught than it needs to be. Mediation. You can get the motion form from the Michigan One Court of Justice website. Use the username and password that you created when you did the Do-It-Yourself Divorce. Or it may be possible to have the form notarized remotely. 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. The post The Michigan Divorce Education Series. SUPPORT / CHILD CARE / MEDICAL / ARREARAGE a. To learn more, read Fee Waivers in Court Cases. Looking for more information about Divorce and 16 Point Post Divorce Checklist in the state of Michigan? Friend of the Court (by Income … You can use this even if you and your spouse agree on all of the issues in your divorce. Topics covered include: 1. For more detailed instructions about going to court, watch the Going to Court video. At the top of the form, fill in the case number. Alternatively, use Law Help Interactive, which is a website that will fill out the forms for you. If a temporary order is entered as a result of a Friend of the Court process, you must file a Domestic Relations Judgment Information form with the Friend of the Court. In Michigan divorces, the courts require full disclosure of the parties’ assets. Check the “Judgment of Divorce,” “Uniform Child Support Order,” and “Domestic Relations Judgment Information” boxes on the Proof of Service. And much, much more. The Do-It-Yourself Divorce prepared two copies of a Proof of Service form. Your spouse must be served with the proposed final Judgment of Divorce, proposed Uniform Child Support Order, and the Notice of Hearing and Motion. The judge will sign all copies of the forms. Step 15: Get approval and/or documentation from the Friend of the Court or other office if required. 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