Why Divorce.com?
Benefits of an online divorce
Divorce.com helps couples seeking an uncontested divorce prepare their paperwork quickly and effectively. What’s more, it will save you 80-90% compared to the cost of a divorce lawyer.
Using this platform, spouses can select forms that suit their circumstances and complete them as the state requires.
This is done through a special online divorce questionnaire. You don’t have to answer all of the questions at once. If you need to pause, your progress will be saved, and you can continue later.
Within 2 business days, you can download ready-made papers in a PDF format from your account. You only need to print, sign, and file them with the court when you’re ready, using the clear step-by-step filing instructions Divorce.com provides.
Paperwork preparation with Divorce.com is inexpensive, fast, and stress-free!
Michigan
Divorce Forms
All the forms required
To proceed with a divorce, partners need to prepare some legal paperwork. The list of forms may vary, depending on the couple's case and the county requirements. Typically, it includes the following:
Petition (Consent Judgment) CCFD 25 or Petition (Collaborative Law Process) CCFD24
Summons MC-01
Domestic Violence Screening Form FOC 124
Notice of Request to Enter Consent Judgment/Order CCFD 26
Friend of the Court Case Questionnaire FOC-39A-D
Employer's Disclosure Of Health Insurance And/or Income Information FOC-22
Notice of Hearing FOC-7
In addition, spouses who resolve all of their marriage-related issues out of court must prepare and sign a Marital Settlement Agreement, describing arrangements reached.
If spouses have minor children, they also need to complete:
Uniform Child Custody Jurisdiction Enforcement Act affidavit MC 416
Verified Statement FOC 23
Judgment Information Form FOC 100
Partners can download blank forms from the Michigan Courts website or get blank paper copies at the local court. However, the easiest way is to use Divorce.com and get completed divorce forms, quickly and in one place.
Steps to consider
Filing Requirements
Residency Requirements
Either partner must have resided in Michigan for 180 days before filing for divorce. Moreover, either spouse must have lived in the county where the case is filed for 10 days before applying.
To bypass the 10-days requirement, all of the following must be true and described in the petition:
The respondent was born in or is a citizen of another country
The minor child is at risk of being taken out of the USA by the respondent.
Grounds for Divorce
As a no-fault state, Michigan doesn't require spouses to state or prove any marital misconduct (adultery, abandonment, etc.) as a reason for divorce.
Partners can simply state that "there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed, and there remains no reasonable likelihood that the marriage can be preserved." They should use this legal wording as specified in the law.
Initial Filing
The plaintiff (petitioner) must file an appropriate complaint with the court clerk to legally start a divorce. In Michigan, spouses can file a joint petition if they both want to end the marriage.
The spouses must complete and file other forms, including:
Marital Settlement Agreement
Proposed Consent Judgment/Order
All the documents must be filed with the circuit court in the county where either spouse meets the 10-days residency requirement. Spouses can also e-file their paperwork, if allowed in their county.
Filing Fees
The filing fee is a mandatory payment for every divorcing couple. In Michigan, it's about $150. If spouses apply via the e-filing system, they will have to pay an additional $25. Couples with kids must also pay $40 for child support and $80 for custody and parenting time.
Families who can't afford to pay the filing fee can file a Fee Waiver Request Form MC 20. If the judge approves it, all court fees for the case will be eliminated.
Serving the Respondent
The plaintiff must provide copies of the documents to the other party. They must do it within 91 days after filing, or their divorce case can be dismissed. Spouses filing a joint petition can skip this step.
The server must be at least 18 years old and not a party to the case. It means that the plaintiff can't serve the respondent personally.
Waiting Period
A mandatory waiting period in Michigan is provided so that the couple can rethink their decision and make sure it's the right one for them. The duration of the waiting period depends on divorce circumstances.
If there are children, the couple can't get a divorce earlier than 6 months after filing documents with the court. Couples without children can expect a judge to sign the Final Judgment of Divorce at least 60 days after applying.
Finalizing a Divorce Case
Finalizing an uncontested divorce may be faster than if the divorce is contested and the spouses are at odds.
Usually, the judge schedules a final hearing during which they review the Settlement Agreement and ask the couple questions. If all requirements are met, the interests of all parties are satisfied, and the agreement looks fair, the judge may sign a divorce decree. However, they can't do it until the waiting period ends.
Filing basics
Filing for Divorce
Michigan
How to get started
To proceed with a divorce, partners need to prepare some legal paperwork. The list of forms may vary, depending on the couple's case and the county requirements. Typically, it includes the following:
Petition (Consent Judgment) CCFD 25 or Petition (Collaborative Law Process) CCFD24
Summons MC-01
Domestic Violence Screening Form FOC 124
Notice of Request to Enter Consent Judgment/Order CCFD 26
Friend of the Court Case Questionnaire FOC-39A-D
Employer's Disclosure Of Health Insurance And/or Income Information FOC-22
Notice of Hearing FOC-7
In addition, spouses who resolve all of their marriage-related issues out of court must prepare and sign a Marital Settlement Agreement, describing arrangements reached.
If spouses have minor children, they also need to complete:
Uniform Child Custody Jurisdiction Enforcement Act affidavit MC 416
Verified Statement FOC 23
Judgment Information Form FOC 100
Partners can download blank forms from the Michigan Courts website or get blank paper copies at the local court. However, the easiest way is to use Divorce.com and get completed divorce forms, quickly and in one place.
Custody Basics
Divorcing spouses with minor children must decide on legal and physical custody. Legal custody is an opportunity to make important decisions in a child’s life. Physical custody determines which parent the child will live with after the divorce. Each of them can be sole or shared.
In an uncontested divorce, parents resolve custody issues without court involvement.
If the parents can’t do it, the judge will decide for them focused on the best interests of the child, which are determined by the following factors:
Emotional ties between the child and parents
Each parent’s capacity and willingness to give the child love, affection, and guidance
Each parent’s capacity and willingness to provide the child with food, clothing, and medical care
How much time the child has lived in a stable and satisfactory environment
The permanence of the custodial home or homes
Each parent's moral fitness, mental and physical health
The child's home, school, and community record
The child's reasonable preferences
Each parent's willingness to foster a close relationship between the child and the other parent
Any case of domestic violence
Any other relevant factor
Uncontested Divorce
An uncontested divorce in Michigan is one of the frequently-chosen processes among spouses because it helps save time, money, and normal relations between future ex-spouses.
To qualify for an uncontested divorce, the spouses must come to a mutual agreement on debts and property division, alimony, child custody, child support, etc. Having agreed on all aspects, the spouses must sign a Settlement Agreement that describes all the terms.
One of the main benefits of an uncontested divorce is the ability to proceed without a lawyer. It saves a lot of money, as the hourly rate for a family law attorney consultation in Michigan can range from $250 to $500.
Moreover, an uncontested process often involves only one final hearing, dramatically speeding the dissolution of a marriage.
Support Basics
Child support is money paid by one parent to the other to support the child or children financially after parental divorce.
The amount is calculated based on the Michigan Child Support Formula. The formula is based on both parents’ income, the number of children, the number of nights the child spends with each parent, etc.
This support usually ends when the child turns 18. However, it may continue until the child is 19 ½ old, if they are a full-time high school student, are likely to graduate, and live with a parent who receives support or is in an institution.
