Michigan Divorce
Protecting Your Rights and Interests During Divorce
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Divorce is often a highly contested area of family law. Not only does it have the potential to be emotionally challenging, but it can also be legally complex. For these reasons, it's important you have a Macomb County divorce lawyer by your side who will represent and protect your interests. Our lawyer will work with you to create a strategy that best fits your needs and guide you through this legal action from your first consultation to the conclusion of your divorce.
For personalized information on how we can resolve your issue, call our office at (586) 333-3446 today.
Common Questions About Divorce in Michigan
Understanding the In-Court Divorce Process
Traditionally, the divorce process takes place at court where the attorneys for both parties litigate each side of the divorce. While many of these divorces are settled before the couple needs to go through a trial, they still follow the court’s process and schedule until they are settled, and a divorce judgment issued.
There are a number of reasons to choose litigation, such as a marriage that involves:
- One spouse who refuses to participate in or cooperate with the divorce
- Domestic violence
- Significant mental health issues
- Power imbalance between spouses
- Substance abuse
- One or both spouses who prefer the structure of the court process
- One or both spouses who prefer to have a third party making the decisions
If your spouse has already filed for divorce, your divorce will probably be completed through the court system, although you may be able to incorporate aspects of out-of-court divorce (alternative dispute resolution, or ADR) into the process to make it easier and more productive.
The in-court divorce process in Michigan begins when one spouse goes to the county Circuit Court and files papers to begin the divorce, along with a filing fee. By filing these papers, that spouse becomes the Plaintiff in the divorce. The other spouse is the Defendant. The Plaintiff serves the papers on the Defendant (or the Defendant signs a document saying they received them) and the Defendant may have as few as 21 days in which to file an answer with the court.
Once this has been completed:
- The court sets dates for certain hearings or meetings to make sure the case is moving along appropriately. If there are minor children in the family, the Plaintiff and Defendant may have to meet with the Friend of the Court regarding issues affecting the children, like custody, parenting time, and child support.
- The case enters “discovery;” the Plaintiff and Defendant can ask each other for documents and information to help them prepare for trial or reach a settlement.
- If the parties do reach a settlement before trial, their lawyers will prepare a written agreement for them to sign. One or both spouses will then appear in court, answer a few brief questions, and the judge will also sign the written agreement, making it a court order that finalizes the divorce.
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