In order to file for divorce in the State of Michigan, there are two requirements you must meet:
Either you or your spouse must be a resident of Michigan for at least 180 days immediately prior to the time of filing a Complaint for Divorce.
Additionally, either you or your spouse must be a resident of the county where you plan to file for at least 10 days immediately prior to filing a Complaint for Divorce.
A divorce in the State of Michigan begins with one of the parties filing what is called a “Complaint for Divorce.” This document will initiate the divorce proceedings, and will outline the relief that the filing party is seeking from the court. The filing party becomes the “Plaintiff” for the duration of the case, and the other spouse is thereafter called the “Defendant.”
After the Complaint is filed, the Plaintiff serves a copy of the Complaint on the Defendant, and waits either 21 days (if the Defendant is personally served) or 28 days (if the Defendant is served by certified/restricted delivery mail) for the Defendant to respond. The remainder of the divorce process - procedurally - is fairly fact specific, and one of our attorneys will be more than happy to walk through the process in as much detail as necessary in order for you to have a better understanding of what to expect.
The time required to finalize a divorce will depend first on whether you have minor children with your spouse. If you do, then the State of Michigan requires that the divorce process take a minimum of 180 days, which is a statewide “waiting period.” If you do not have minor children with your spouse then the waiting period is reduced to 60 days. In either scenario, the time necessary to finalize the divorce proceedings will also depend on the amount of issues not agreed upon between you and your spouse. One of our attorneys can explain the time associated with these types of issues, or “contested issues.”
The current filing fee imposed by the State of Michigan to file for divorce is $175. If you have minor children with your spouse then an additional $80 filing fee is required. These fees are in no way associated with our office, and are paid directly to the court. Attorney fees associated with your divorce will depend on a variety of factors, including the complexity of the case, the ability for you and your spouse to agree on the issues involved, and the gradual progression of your case. If your spouse decides to retain an attorney, much of the time associated with your case will depend on the willingness of your spouse’s attorney to work toward resolving the issues involved. Call our office today to talk with an attorney about your case, and we can explain a little more about what to expect from a cost perspective.