By :
Michigan Attorney Jannelle
Marriage is described as the personal union of individuals where you vow to love honor and obey, but sadly for reasons that are personal to the individuals, marriage often breaks down, bringing in grounds for divorce.
Divorce is based on state law so depending on which state you live in you may be filling for absolute, limited or no fault divorce. In the state of Michigan the divorce law that is most commonly seen is a no fault divorce. This type of divorce doesn’t require any proof of fault from either party involved; all you have to do is demonstrate that the relationship is no longer viable. Common reasons for no-fault divorce include incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. This type of divorce can be forced on the non-initiating spouse even if it is against their wishes.
In order to start a divorce procedure in Michigan you must live there for 180 days before you file your complaint for divorce. If you are the spouse that initiates the divorce procedure you are known as a plaintiff. If you are the spouse who doesn’t file for divorce you are known as the defendant.
So how long will a divorce procedure take within Michigan? If there are no children involved in your divorce procedure then it is estimated your divorce procedure will take 60 days to complete. If there are children involved then you cannot be granted a divorce for at least six months. It should be noted that these times are just a rough guide and more often than not these times should be doubled.
A divorce is based primarily on a lot of documents that are needed in order for the divorce procedure to begin. The first of these documents is known as a summons; this is a document that notifies your spouse that a divorce procedure has begun and that they have 21 days to respond. Once the summons has been sent you will move onto dealing with the complaint, which is the document that officially starts the divorce and contains numerous details such as:
• Yours and your spouses name, including maiden names
• The names and date of birth of any children that you have
• When and where you were married as well as the date of your separation
• Your length of residence in the country and state
• The grounds for divorce
• Detailed of any property
After the summons and complaint has been served to the defendant it is the defendants job to file an answer to the complaint; if this happens the answer is filed and the divorce case becomes contested; however if the defendant fails to deliver a reply to the complaint the case becomes uncontested. Another option that the defendant has after receiving the complaint is to produce a counter claim, which the plaintiff then has to answer.
Once the complaint has been sorted you will move onto trying to come to a settlement. If a settlement cannot be reached the case will then be tried. After this comes the most important document to do with your divorce; the judgment, your final decree, which is what grants you your divorce.
The one piece of advice that I can offer you when it comes to obtaining your divorce, whether you are the plaintiff or the defendant is to find a good divorce attorney as they will be able to help you with all aspects of your divorce, especially if things start to become difficult.
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