Online Divorce in Michigan

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Online Divorce in Michigan

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Michigan divorce details

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Uncontested vs Contested Divorce in Michigan

What is the vivid difference between the Uncontested and the Contested divorces? Well, you should clearly remember, that during the Uncontested Divorce you do not need to prove your spouse’s guilt or to argue with him/her. You both want to complete the divorce procedure the sooner the better. As opposed to the Uncontested Divorce, the Contested one is much complicated.

The court will approve such a divorce, but only after completing or discussing several issues like:

  • spousal alimony–it is a regular or one-time payment with the purpose to support another spouse materially, after the marriage finishing.
  • child custody- both parents should have the equal rights for the child support after the divorce. The court stipulates the possibility of equal caring. If it is impossible due to several reasons, the court will take into the consideration all the items.
  • The property division in the Michigan state the couple should report on all the assets to the common life. The marital property will be divided fairly, but the separate property needs more careful investigations from the courtside.

During the Contested Divorce process, the spouses should take an attorney to regulate the questionable issues of the divorce. The mediation is also required.

There are a few more cons of the Contested Divorce like:

  1. The fee of the Contested Divorce. It is considered to be much higher than the fee for the Uncontested Divorce because of a number of additional costs and the attorney service. It varies from $1000-2000 in different counties.
  2. The length of the Contested Divorce. It can take several court hearings, mediation periods, the waiting period can be prolonged, etc.

Well, now it is rather plain that to choose a Contested Divorce is a risky idea and it is better to negotiate with your spouse about all the must-have aspects.

Uncontested Divorce in Michigan

The Uncontested Divorce-is a marriage termination, when both spouses agree to put an end in their relations and not to waste their time and money. In Michigan, the Uncontested Divorce is the most popular kind of the divorce procedures and the easiest one. It requires the agreement of both spouses, filing with the court all necessary documents and getting a Final  Decree.

Grounds for the Uncontested Divorce in Michigan

  • imprisonment of over 2 years of one of the spouses
  • alcoholism and/or drug addiction
  • incurable insanity
  • mental illness
  • cruel treatment towards one of the spouses
  • constant drunkenness;
  • Incest
  • Adultery

The court observes all these grounds and makes the most appropriate verdict, according to the individual case of the couple. But anyway, the obvious fact is that both spouses do not need to prove their innocence. The Uncontested Divorce provides such a possibility.

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Residency Requirements to file for the divorce in Michigan

To begin the divorce process, you should be sure that the Judicial Circuit Court involves your individual case in its jurisdictions. The divorce process is impossible if you live in the Michigan State less than six months. If one of your couple is a resident of Michigan and another is not, you have to write a Petition to the Court to ask for the permission for the divorce procedure in Michigan. The Petitioner can legally file for the divorce if he/she has already lived in the Michigan state not less than 180 days. After the Petition signing, another spouse should answer it within 10 days. The divorce procedure is filed within the particular county, where both spouses currently live. (Michigan Compiled Laws - Section: 552.9).

There are some more demands from the side of the government to the spouses willing to have a divorce in the Michigan State:

  • the Defendant spouse should be the citizen of the particular county in Michigan
  • the children should also be residents of the Michigan state or be born in Michigan

As you can confirm, the requirements of the Michigan State are rather harsh, but nevertheless, we can conclude that firstly you should be sure that you are allowed to get a divorce in Michigan and what papers you definitely need to complete it.

How to file for an Uncontested Divorce in Michigan?

Firstly, the Petitioner pays the filing fee, then he/she introduces the Petition about the marriage termination to the Circuit Court. After you fill with the court, you should also attach other significant documents for the divorce procedure, such as summons, 3 copies of the Petition, etc. The next step will be to serve your spouse with all the documentation. Within 21 days the Defendant should answer the Petition, or the court will consider him/her not to agree with the Petition. After the Petition granting, the couple files with the court all the other forms needed for their divorce. The Court gives the couple a special waiting period, and when it is over, the couple goes to the Final Hearing. It is a standard procedure, but sometimes you need more attention to your case because some steps can alter.

DIY Divorce in Michigan

Do It Yourself Divorce is a process when you do not need the help of the attorney and file with the court by yourself. Such type of the divorce is really cheap and cozy for those couples who are absolutely sure about all the divorce process. Such a divorce process is rather risky because it is difficult to fill the documents with the court with no mistakes and remarks. You can file the wrong documents, and the court will just not approve it. To avoid such unpleasant situations, it is a good idea to order the documents’ preparation online, saving your money and time.

To the advantages of the DIY Divorce we can add:

  • Fast process
  • Less money consuming
  • No additional fees

Be highly accurate with your paper package and the things might go well.

How much does an Uncontested Divorce cost in Michigan?

In the Michigan State, the average fee for the divorce balances between $12 000-13 000. This sum includes the help of the attorney that will take the payment hourly beginning from $500. If you order the documentation filing online, you will save thousands. It can cost you at least $200-250. Moreover, with such a procedure you can be calm according to the court approval and documents’ validity. We are responsible for everything. As you remember, Michigan is the purely no-fault state, therefore, the additional cost for the divorce proceedings can involve:

  • child custody
  • spousal support
  • proper division

All cases are individual, so make sure you know the approximate price and prepare for the divorce in advance.

How Long Does It Take to Get Divorced in Michigan?

According to Michigan legislation, the Uncontested divorce can take nearly 6 month, that is pretty fast term in comparison with the Contested one, that can last during 1-2 years. If the residency requirements are met, everything is not so pity, but if not, it means a number of issues that are hard to solve.

How to serve your spouse in Michigan

For the divorce procedure, it is highly essential to provide the spouse with all the documents in time and to do it the sooner the better. If you are serving your spouse with the paper kit, please take into account such issues as:

  • You have to serve your spouse with every single document for the court hearing
  • You have to serve your spouse with all the documentation within 91 days of the date of filing the divorce procedure
  • You should have the written allowance from your spouse to serve the forms for the divorce by yourself  

First of all, you need to keep calm and negotiate about your common divorce process, paying attention to the most significant issues.

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Papers and Documents You Need to Get a Divorce in Michigan

The Court of the Michigan State requires the forms that are represented here, but you have to remember that in your case you might not need all of them. To be sure about the validity of the papers, you should have a deep research before filing with the court.

Here are the most used forms:

  • Summons and Complaint [MC-01 (3/06)]
  • Complaint about Divorce
  • Marital Settlement Agreement
  • Judgment or Divorce
  • Default Request, Affidavit, Entry and Judgment [MC-07A (5/07)]
  • Answer and Waiver
  • Request for Certificate of Military Service Status
  • Notice of Hearing [FOC-7 (10/04)]
  • Uniform Child Custody Jurisdiction Enforcement Act Affidavit [MC-416 (5/07)]
  • Verified Statement and Application for IV-D Services [FOC-23 (9/06)]
  • Motion and Verification for Alternative Service [MC-303 (3/06)]
  • Order for Alternative Service [MC-304 (3/06)]
  • Order for Service by Publication/Posting and Notice of Action [MC-307 (8/88)]
  • Notice of Taking Records Deposition
  • Marital Settlement Agreement
  • Judgment or Divorce
  • Notice of Hearing [FOC-7 (10/04)]
  • Answer and Waiver
  • Default Request, Affidavit, Entry and Judgment [MC-07A (5/07)]
  • Request for Certificate of Military Service Status
  • Notice of Hearing [FOC-7 (10/04)]
  • Uniform Child Custody Jurisdiction Enforcement Act Affidavit [MC-416 (5/07)]
  • Verified Statement and Application for IV-D Services [FOC-23 (9/06)]
  • Motion and Verification for Alternative Service [MC-303 (3/06)]
  • Order for Alternative Service [MC-304 (3/06)]
  • Order for Service by Publication/Posting and Notice of Action [MC-307 (8/88)]
  • Notice of Taking Records Deposition

NB! Remember please that you cannot send to the court documents online! You can just order and print them from the website.

Online Divorce in Michigan

Online divorce is the process, which helps you to file for the court absolutely accurate documents. Online Divorce helps you to prepare all the needed documents and forms for the court rapidly and clearly. You just need to order the papers, pay the filing fee and wait for the ready documentation. The online paper preparation will cost you far less cheap than the documents prepared with the help of an attorney. In Michigan, the approximate price for the online documents’ preparation is $149. Your convenience and a positive result are our goals in the sphere of online divorce.

Rules for child support in Michigan

The children should not suffer from various parents’ problems, therefore you need to make the divorce proceedings for the child as appropriate as you can. In Michigan, the child custody is controlled by Child Support Services. It is a department of the Department of Human Services. Both parents have equal rights to take care of the child/children and pay monthly or once the material support for the children. If you need to increase the amount of the child support, you need to ask your spouse for the income modification and make a Petition for the support increasing. The Friend of the Court (a legal body) accepts the child custody orders every 36 months, you need to check the frequency of this procedure according to your order.

Sometimes the particular couple consists of the custodial and non-custodial parent. It depends on various factors:

  • Income of the spouses
  • Credit Bureau reports regarding both spouses
  • Tax rate
  • Health state of both spouses
  • Future perspectives of both spouses.

The visitation of the children is also stipulated by the court. In different cases, the visitation of one of the spouses is limited according to different counties/situations.

Rules for spousal support in Michigan

In the Michigan State, the spouses can ask for the material support in different cases. For instance, if the wife/husband was sitting at the maternity leave and another spouse was working, in case of the divorce the working spouse will be liable to support the spouse caring for the children. The situations are different. Let’s see some conditions for the spousal support:

  • Health state of the spouses
  • Tax rate of the spouses
  • Income of the spouses
  • Living conditions of the spouses
  • Future material perspectives of the spouses

Taking everything together and considering deeply, the court will clarify which spouse will have the material support and in which volumes.

Division of property in Michigan

In general, the common property is divided into the marital property and the separate one. The Marital property is the property that was purchased  during the legal marriage, so it should be divided as equally as possible. The Separate property is a private property of both spouses, both before or after the legal marriage. For example, the inherited property of one of the spouses cannot be the marital one and cannot be divided between the spouses. The court makes a decision with a foundation of common sense and the proofs, that spouses have to add to their claim for the property division. The Court considers such factors as:

  • the term of the marriage
  • the spouses’ rates in the common property
  • the spouses’ health state
  • the age of the spouses
  • the spouses’  financial situations
  • Future financial possibilities of the spouses

The division of property is really a hard question. The more evidence you give the court, the bigger part of the property you can take. Be sure that everything will be in a fair way.

Divorce Mediation in Michigan

The mediation is a process when the spouses try to negotiate with each other with the help of the third person, legal body, lawyer, etc. In most cases, when the spouses cannot find the common language for the amicable marriage termination, they need to visit the mediation proceeding. The mediation process involves the first hearing, where the spouses can suddenly agree on all the cases, second hearing or more if the consensus if lost again. In Michigan, the court requires every couple, who does not want to meet the needs of each other, to go to such a procedure.

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How to divorce a missing spouse in Michigan

In Michigan, the missing spouse is a pretty good reason to prolong the whole divorce procedure. The Petitioner should find the missed spouse and serve him/her with all the essential information. If you have no idea of your spouse’s place, you have to find him/her. You can ask the friends and parents of the spouse about his/her location, you also can apply to the police,  concerning the facts about the missing spouse. Moreover, you can publish in the local newspapers concerning the missing person. The court can help you to do it if you really fail to find him/her on your own. The divorce process can have more difficulties in such a situation, but anyway, you will get the divorce even without your missing spouse. If you have such a situation, you need to have a consultation in advance.

The Default Divorce in Michigan

If one of the spouses does not take part in the divorce process or rejects the divorce in general, such a divorce is called a Default one. In the Michigan State, if you want to proceed with the divorce procedure, you can do it even without the agreement of your spouse. You need to file with the court a special packet of documents and ask the court for the allowance. The Default divorce has particular grounds, let’s have a look at them:

  • Extraordinary violence or cruelty
  • Deceitful contract
  • The absence of must-have duties
  • Excessive drinking
  • Imprisonment of each spouse in a state or federal correctional institution at the same time of filling out the Petition
  • Culture/Religion/Disease issues

And a variety of other grounds. The court distinguishes every ground really carefully and stipulates the final hearing according to the legislation.

In Michigan, a waiting period before the court hearing usually completes the divorce itself. In case you have minor children, the waiting period is at least six (6) months. If you do not have any children, it can be reduced to two months. The Final Decree is granted to the spouses after this waiting period during the Final Judgement.

Default vs No-Fault Divorce in Michigan

As we have already agreed with you, the No-Fault divorce is much easier and consumes less time. The Default divorce can involve some complications, and for this reason, the Default divorce can last longer. The fee for both divorces is also different. The No-Fault divorce will cost you significantly less than the Default one.

How can I get a Default Divorce Hearing in Michigan?

All Michigan divorce proceedings take place in the county Circuit Courts. Firstly, the Petitioner files with the court in the proper county he/she currently lives. Then the spouses should file for the court all the original  documents, according to the jurisdiction of the particular county. If spouses live nowadays not in the same state, they should apply for the court in the state they got married. The Petitioner provides the Defendant with all the copies of the documents. At least three copies should be served. The documents will be analyzed by The Family Court and other legal bodies, including the Friend of the court. After all the papers are prepared, the court approves or rejects them.  By the way, with our online documents preparation, you will have 100% court approval.

The next step for the court hearing will be to appoint the waiting period and the date of the first hearing. As we have already noticed, the general time for the divorce in Michigan is 180 days regarding the county.

Annulment of the marriage in Michigan

In general, the annulment of the marriage points out that the legal marriage has never taken place and all the agreements, debts or marital income are also annulled. The annulment is not an easier procedure than the divorce due to the majority of aspects. For instance:

  • the marriage process was frauded
  • one of the spouses was under 18 years old at the time of the marriage
  • one of the spouses is seriously or mortally ill
  • The fact of the marriage was forced by one of the spouses

These or other issues can be discussed by the court before to proclaim the annulment of the marriage.

Legal Separation in Michigan

The Legal separation is noted as separate maintenance in the Michigan State.The legal orders and requirements are almost the same as for the regular divorce procedure. The grounds also completely follow the grounds for the divorce process. The main characteristic feature of the legal separation is that the spouses who live separately are still supposed to be legally married in the Michigan State. They cannot remarry or live together with somebody else until their marriage is finally ended according to the legislation. The legal separation also does not mean that spouses can divide the property or common debts. The couple just stops to live together, but that’s it.

The Same-Sex Divorce in Michigan

Since 2015 the Same-Sex marriages and divorces are allowed in the Michigan State. Actually, the Same-Sex divorce includes the same terms as a standard divorce procedure. The gays/lesbians couples can negotiate about the same issues as child custody, spousal support, etc. The Uncontested Divorce of the Same-Sex couple covers the aspects that are already discussed above, so see the information about the Uncontested Divorce. Nowadays, the Same-Sex couples have the same rights as any other citizen of Michigan and can fight for their comfort similarly to other Michigan residents.

Military Divorce in Michigan

With the military spouse, the divorce process looks like the divorce in general. You have to announce your military spouse about the divorce beginning via email or post. If the area of the military position is not far away from the Michigan State or within its boundaries, you can personally give the Defendant a packet of documents to file with the court. You can as the military commander of your spouse to give him/her the forms.

How to divorce a spouse in a jail in Michigan

The spouse, who is currently in a jail, can get the documents for the court through the post or personally from the Petitioner. The procedure of the divorce with the spouse in a jail is completely the same as the regular standard procedure.

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Divorce filing fee

Court filing fees are in addition to the cost of using This cost may vary by county. Please check with your local courthouse to determine the exact amount.

Can a fee be waived?

For sure it can. In Michigan, you have to prove the court that you do not have money to pay for the divorce procedure. The certificate of your income, the material possibilities in the future and the reasons are carefully examined by the court. You have to complete an Affidavit for the Supreme Court. The form of this document you can freely download on the court website. The court determines to confirm your request or deny it.

How we can help

All in all, as we can conclude, the divorce is an intensely difficult process for everybody. We are willing to help you with everything we can, so order the preparation of the documents online with us, and we will not give you any chance to hesitate about your choice!

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