divorce in michigan checklist

of Treasury Form 2766) ☐ Transfer Homeowners Insurance. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. Mark the box on the top of the Uniform Child Support Order that shows it is a final order. Step 20: What to do after your divorce is final. Ask the clerk's office for three copies of the signed form. The Michigan Divorce & Financial Checklist is 40 pages and acts as a helpful guide in showing you what information you need to collect and document to have a successful divorce! You and your ex-spouse must obey the terms of the judgment. A notary at a bank is more likely to charge a fee. Date and sign the Proof of Service and make a copy. The clerk will sign the form, entering the default. An in-person notary can usually be found at a bank or the court. Below are brief instructions about attending your final court hearing. Also write the hearing information the clerk gives you. Keep one copy for yourself and one copy to serve on your spouse. For more detailed information, see the article How to Serve Divorce Papers. In addition, the person who files must also have been a resident in the county where they filed for at least 10 days immediately prior to filing. An uncontested divorce in Michigan means the two parties in a divorce action have had no contact with each other, either because the non-filing spouse cannot be located or because the non-filing spouse failed to respond to the Petition for Divorce. appeared first on 248-399-3300 Findling Law. File your forms at the court clerk's office. Work closely with your Michigan divorce lawyer to compile a full list of how life will need to shift once your split is finalized. Click on Courts & Agencies for the address and phone number of the court in your filing county. Give the clerk the originals and copies of the Judgment of Divorce and Uniform Child Support Order. Happy Holidays. Complete one of those forms, showing the date that you served the Judgment of Divorce, Uniform Child Support Order, and Domestic Relations Judgment Information form, and how you served them on your spouse. If the Judgment of Divorce changes a party's name, that party should also change their name with the Social Security Administration and Secretary of State. You can call the clerk’s office ahead of time to ask whether you need to make your own copies. Step 14: File a Proof of Service for the Notice of Hearing and Motion and proposed final documents. Whether your spouse is aware of your intentions for divorce or not, it’s wise to start cutting off their access to your own communications. Bring all of your divorce papers with you to the hearing, including all of the copies of the approved (if approval is required) Judgment of Divorce and Uniform Child Support Order. Depending on the county where you file your divorce, you may be required to attend the SMILE Program, an educational program for separating/divorced parents with minor children. When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. You can also use the Divorce Process Flow Chart to keep track of where you are in the process. The original of each document gets filed with the court. Your spouse must be served with the proposed final Judgment of Divorce, proposed Uniform Child Support Order, and the Notice of Hearing and Motion. The SOS website also lists five approved vendors who offer remote notarization services. Confidential Case Inventory, if applicable. To complete your divorce, you need to review and update (if necessary) the following documents that were prepared when you did the Do-It-Yourself Divorce: If the Friend of the Court has issued temporary orders regarding custody, child support, or parenting time, the terms of those orders must be stated exactly the same in the Judgment of Divorce and the Uniform Child Support Order. To prevent cases from being dismissed over a lack of process, here’s what … Talking to a financial planner who specializes in divorces may be a wise idea to ensure the most secure financial positioning possible. Give the clerk all of the originals and all of the copies. Information about prior court cases, including prior divorces, paternity, personal prote… Your considerations will naturally change depending on whether minor children are involved and what custody plans you may be considering for them. Additionally, one spouse must have lived in the county where the papers were filed for at least 10 days. The clerk will keep the originals and one copy each of the Judgment of Divorce and Uniform Child Support Order and will return two copies of each to you. If your spouse does not file an answer, you must enter a default or the court may dismiss your case for lack of progress. To ensure that you’re as best prepared as possible, involving a trusted divorce attorney in the process as soon as possible is always recommended. You must get the Uniform Child Custody Jurisdiction Enforcement Act Affidavit notarized. This is to certify that you have served the defendant with the Default Request and Entry form. Household inventory lists documents all furnishings, appliances and personal items inside the home, as well as their assessed value, since a court would likely not divide household items and personal property in a divorce settlement. Make three copies of the Notice of Hearing and Motion. After your spouse has been served with the divorce papers, the person who served the papers must complete the Proof of Service form (the second page of the Summons). Keep the other copy for your records. Pay the filing fee or file a Fee Waiver Request along with the following documents: Uniform Child Custody Jurisdiction Enforcement Act Affidavit, Application for IV-D Child Support Services (form DHS-1201D), Record of Divorce or Annulment (depending on your county). Enter your case number and the name of the assigned judge in the top right corner of the form. The Do-It-Yourself Divorce prepared two copies of a Proof of Service form. Fees should be expected when filing your forms with the court clerk. If you are a Michigan resident considering divorce, there are several laws and processes you should know about before taking your first steps. To complete your divorce, you need to review and update (if necessary) the following documents that were prepared when you did the Do-It-Yourself Divorce: Judgment of Divorce. Fortunately, actually getting divorced in Michigan is fairly straightforward and may be able to be completed without a lawyer – as long as you meet the necessary criteria for an uncontested divorce. Keeping a household inventory checklist can simplify the difficult process of fairly dividing household items ina divorce. The judge will sign all copies of the forms. The clerk will ask you to wait while someone reviews and approves your documents. To make it even worse, there are a ton of different kinds of ‘divorce checklists’ to consider – • Marriage Assessment Checklist • Divorce Lawyer Pre-Screen Checklist • Hiring a Divorce Mediator Checklist • Pro Se Divorce Checklist • Counseling and Divorce Checklist . You can get the forms from your local court clerk. Financially, a divorce process is a transformative time. Please be aware that some steps will vary from county to county. You will not file all of these forms at the beginning of your case; some you will file later. The hearing date will be scheduled at least six months after the date you filed your divorce. Otherwise, you can use the Do-It-Yourself Fee Waiver tool to prepare a Fee Waiver Request. While the forms needed may vary from county to county, it’s wise to have all the forms that may be necessary ready at hand. Go to the judge’s courtroom on the scheduled day and time. This post-divorce checklist only scratches the surface of the many things that will need to be changed during and after your divorce – property division and everything associated with it is a major element of the post-divorce workload. The Friend of the Court assists the court in making custody, parenting time, and child support decisions. Take the time to consider what is truly best for the children. For more information visit our website: https://www.bestgoldmanlawfirm.com You can give us a call for a FREE phone consultation at (248) 588-3333 You can use this even if you and your spouse agree on all of the issues in your divorce. If your spouse does not file an answer within the time limit stated in the Summons, you should file a request with the court to enter a default. The post The Michigan Divorce Education Series. The following is a checklist of “housekeeping” items that need to be accomplished to be sure your divorce is truly completed: Home ☐ Refinance the marital home ☐ List the marital home for sale ☐ Execute a Quit Claim Deed ☐ Execute a Property Transfer Affidavit (MI Dept. Before your hearing, go to the Friend of the Court office with your Judgment of Divorce and Uniform Child Support Order. Fill in the child support amounts on the Uniform Child Support Order by hand. The judge may ask you to enter testimony at the final hearing. If you receive public assistance based on having low income, a completed Fee Waiver Request will print out with your other documents from the Do-It-Yourself Divorce tool. That way you know exactly how many accounts you have and whose name they are … If you want a judgement in your favor, you should be expected to prove why you deserve sole or joint custody. If your spouse is at the final hearing, you can give them these documents in the courtroom. File the original and one copy with the court clerk’s office. These are step-by-step instructions to help you with your divorce with minor children when your spouse does not file an answer to your complaint. Your attorney is there to help you reach the outcome that you think is best, but the decision is on your shoulders. Looking for more information about Divorce and 16 Point Post Divorce Checklist in the state of Michigan? By: Alicia M. Bianchi. Additionally, if your spouse was abusive, addicted to drugs or alcohol, or absent, you may also be able to convince the court your ex is an unfit parent and request full or primary custody. Make the changes and reprint the documents you changed. Date and sign the Motion. Bring this document with you to the hearing. Once at the beginning and then once at the end. The decision to get a divorce is never easy, as anyone who has gone through the process can tell you. PARENTING TIME a. specify pick-up and drop-off b. specify notice requirements c. make up visitation d. times 4. Specific instructions for your county are not yet available. File the original and one copy of the Proof of Service with the clerk’s office and keep the other copy for your records. Use the username and password that you created when you did the Do-It-Yourself Divorce. DivorceProceedingChecklist. File your Record of Divorce or Annulment now if you are in a county where it was not filed at the beginning of your case. Use the one that says "Motion for Entry of Default Judgment of Divorce" after "Motion title.". Alternatively, use Law Help Interactive, which is a website that will fill out the forms for you. Depending on your county, you may also be required to participate in a Friend of the Court alternative dispute resolution (ADR) process, such as conciliation or mediation. The clerk will return copies of all the divorce papers that the court doesn’t need. Or it may be possible to have the form notarized remotely. At the top of the form, fill in the case number. We have a presumably easy scenario: no kids, separate bank accounts, no shared vehicle titles, our house's title is only in my name as well as the mortgage. Note: These instructions are general instructions for use in any Michigan County. And much, much more. File the original Domestic Relations Judgment Information form with the Friend of the Court. (313) 458-8276 Dodd, © 2020 Fisher, Fowler and Williams LLC | Designed by Fusion Marketing, Michigan Municipalities Opted-in to MMFLA, Michigan Commercial Grow License Application, Uniform Child Custody Justification Enforcement Act affidavit, Application for IV-D Child Support Services. Make a copy of the Judgment of Divorce and Uniform Child Support Order for your spouse and write “Proposed” above the title of each document. The Michigan Freedom of Information Act (FOIA) enables access to vital records by members of the public, except where restricted by law provisions or court order. Contact your circuit court clerk’s office to find out which steps might be different in your county. This can include changing login details for things like your phone and your email address. 3 copies should also be made of all the necessary files, one for your (the plaintiff, your spouse (the defendant) and the Friend of the Court, who assists with custody, parenting time, and child support decisions in the court. Divorce is a complicated and emotional time. It will cost you at least $175 to file a complaint for divorce with minor children. Each legal form you complete must be signed and dated, with some, like the Uniform Child Custody Justification Enforcement Act Affidavit also requiring a notary, which can be found at any bank. The goal of SMILE is to help parents better understand the effects of divorce, the needs of their children, and their roles in promoting their children's healthy adjustment to divorce. All Rights Reserved. Divorce Checklist. Overview (click any of the steps below to get more information): Ensure proper residence. Topics covered include: 1. After you are logged back in, click on the section that you want to change. Nearly all of us would like to think that we’re marrying our prospective spouses based upon mutual love and respect. If a temporary order is entered as a result of a Friend of the Court process, you must file a Domestic Relations Judgment Information form with the Friend of the Court. Grosse Pointe Farms, You should also open your own PO box that is used for private correspondence with your attorney, financial planner, and so on. Michigan Legal HelpHelping Michigan residents solve their legal problems. Step 18: Serve the Judgment of Divorce, Uniform Child Support Order, and Domestic Relations Judgment Information form on your spouse. Copies of the documents are for each of the following: Plaintiff (you), Defendant (your spouse), and the Friend of the Court. WAIVE SIX MONTHS - unusual hardship or such compelling necessity that shall appeal to the conscience of the court 2. When the judge grants the divorce, you will be asked for your Judgment of Divorce and Uniform Child Support Order. If the judge asks you to read your own testimony (or proofs) into the record, use the “Testimony in Final Divorce Hearing” form to do so. Wait to sign it until you are in front of the notary. HELPFUL TIPS! There may be more costs, such as charges for having papers served on your child’s other parent, motion filing fees, and costs for alternative dispute resolution services (mediation). You can print these instructions and take them with you to use as a checklist. Michigan Divorce Residency Requirements Before you can file for divorce in Michigan, you must meet the state’s residency requirements. Your spouse must be served one copy of each of the following: Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request), Application for IV-D Child Support Services (form DHS-1201D), Friend of the Court Handbook (Print a copy of this Handbook from the Michigan One Court of Justice website.). Step 17: File the signed Judgment of Divorce and Uniform Child Support Order. 18538 Mack Avenue In part one of the Motion section, fill in the date that you filed your Complaint for Divorce. SUPPORT / CHILD CARE / MEDICAL / ARREARAGE a. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees. Your credit report will have listings of accounts in the marriage, including under whose name they are. Hold hearing and decide issues. Learn More. You can get the motion form from the Michigan One Court of Justice website. Ensure proper filing. Each party is required to disclose all of their assets, usually through Interrogatories (written questions) or Depositions (a meeting in which the attorneys can ask questions face to face). Dress neatly. In either case, the same uncontested divorce in Michigan procedure is followed. Friend of the Court (by Income … As emotionally challenging as they can be, there’s no reason to make a divorce more contentious or fraught than it needs to be. Some might not apply to your situation, so use this as a guide. In Friend of the Court ADR, a Friend of the Court worker assists parties to voluntarily agree to resolve a dispute about custody, parenting time, or child support. For more detailed instructions about going to court, watch the Going to Court video. Our 3StepDivorce TM Online Divorce for Michigan is offered with a peace-of-mind 100% guarantee. In paragraph three, write the name and bar number of the judge, if you have it. In divorce mediation, the parties and their attorneys meet with a neutral mediator, who facilitates the negotiation between the parties and helps them reach a settlement. You can't be required to participate in an ADR process without first having a hearing to determine if the process would be appropriate if any of the following things are true: However, if the party protected by the protection order requests to participate in an ADR process, the court may order ADR without holding a hearing. As you get closer to the point that you move on with your life, you may need to consider physically moving on. Consulting your divorce lawyers is the best way to ensure your paperwork is comprehensive, but the files often needed at the beginning include: And for cases involving minor children, you will also need the following: You may quality to waive the $175 cost of filing a complaint and the $80 judgment fee, as well as the other costs (serving papers, filing motions, or mediation). Check the “Judgment of Divorce” box on the Proof of Service. File the Proof of Service with the court clerk’s office and keep the copy for yourself. Support for Michigan Legal Help is provided by: Copyright © 2021 Michigan Legal Help. You will need the room to see what your finances will look like on your own. In Michigan divorces, the courts require full disclosure of the parties’ assets. Service must be completed at least 14 days before the hearing date. Once you have covered all the aspects in the checklist, you will be much further along in the divorce process. Be prepared to answer questions from the judge regarding the statements in your Complaint for Divorce. Checklist of Resources You May Need When Divorcing in Michigan. You must sign and date each form that has a signature line. If you do not get a hearing scheduled shortly after the six month period, the court may dismiss your divorce case for lack of progress. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. There is a personal protection order (or other protective order) between you and the other party, There used to be a personal protection order (or other protective order) between you and the other party, You and the other party are involved in a past or present child abuse and neglect proceeding. Enter judgment. Otherwise, mail them to your spouse at their last known address or deliver them to your spouse. Sometimes it takes a village to navigate the divorce process. You will have to pay a motion fee to schedule your hearing unless your fees were waived. For more information on what happens after your divorce, read Finishing Your Michigan Divorce with Minor Children. Divorce in Michigan. Explore our article to learn more or request a consultation today. File one copy for the Friend of the Court. You may be required to schedule this process, or the court may schedule it for you. The Testimony in Final Divorce Hearing script will print with your other documents if you completed the Do-It-Yourself Divorce. If the other party fails to do what the judgment says, you can file a motion with the court asking the court to enforce the judgment. Michigan Divorce Attorney post-divorce-checklist-michigan-divorce-lawyer-femminineo-attorneys Published November 2, 2020 at 500 × 334 in Create a Post-Divorce Checklist . Mark the box on your divorce judgment that shows it is a default judgment. Your case will not start until you pay the fees or your Fee Waiver Request is approved. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Looking at the real estate and rental markets in your area can help you start putting together plans for moving out. The Do-It-Yourself Divorce should have prepared two different Notice of Hearing and Motion forms. As mentioned earlier, to get a divorce in Michigan, you do not have to prove any grounds. Step 13: Send the proposed final documents and the Notice of Hearing and Motion to your spouse. There is no cost for this. File the remaining documents by mail or in person. You may also wish to take out a solo credit card in your name. You or your spouse must have lived in Michigan for at least 180 days before you file the divorce papers. Mediation. The idea was to provide quality information (more than just the basics with case law and statutory support) on Michigan Divorce, Custody, Alimony and support. Here is a list of the 9 things you should never do during a divorce: 1. Grounds For a Michigan Divorce. Download a PDF. You are responsible for filing and serving the signed Judgment of Divorce and Uniform Child Support Order. Take the other copies with you. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. Divorce document checklist Having all of your important documents in one place will help you as you prepare for negotiations. Review the script, complete the blank spaces, and update information as needed. Employee photo ID issued by a federal or Michigan government agency . After you sign your documents, make copies as follows: (In some counties the court clerk’s office will make the copies for you. Use this checklist to help gather and save the documents you’ll need as you work through your divorce. You often make mistakes during your divorce that you pay for in the future. Are Michigan Vital Records Open to the public? The Secretary of State (SOS) website allows you to search for remote notaries by county. To get divorced in Michigan, you'll need to file a petition for divorce with the county court where you or your partner live. Serve the papers on your spouse by first class mail to your spouse's last known address, or deliver them in person. Check the boxes showing which documents were served. Step 19: Complete and file a new Proof of Service. Complete one of those forms, indicating the date that you served the Proposed Default Judgment of Divorce, Proposed Uniform Child Support Order, and Notice of Hearing and Motion, and where you mailed them or served them on your spouse. Solutions. To prevent cases from being dismissed over a lack of process, here’s what you need to do. Check the “Judgment of Divorce,” “Uniform Child Support Order,” and “Domestic Relations Judgment Information” boxes on the Proof of Service. You must file the following forms with a clerk of the circuit court to start your divorce case: Step 2: Get your court fees waived (if you qualify). Mail a copy to your spouse at their last known mailing address. MI 48236, (313) 421-6069 Aimee When consulting with an attorney, it’s a good idea to come with an understanding of the different custody options available: joint legal, joint physical, and sole. You have 91 days from the issue date on the Summons to have your spouse served with the divorce papers, or your case will be dismissed. The final hearing could be sooner if you filed a motion to waive part of the waiting period and the judge granted a waiver. Verify statutory conditions are met. The Do-It-Yourself Divorce prepared two Proof of Service forms. You receive public assistance based on having low income (examples: FAP, SNAP, Healthy Michigan, CHIP, ESO, FIP, TANF, WIC, SSI); You are represented by a legal services program that receives funding from the Legal Services Corporation or the Michigan State Bar Foundation; or. In 2012, we envisioned a divorce video education series which evolved into the The Michigan Divorce Education Series by Findling Law. File the original and one copy of the Proof of Service with the court clerk’s office and keep the other copy for yourself. However, America’s high divorce rates are now motivating even first-time brides and grooms to ask their loved ones to sign prenuptial (or “premarital”) agreements. It can get overwhelming. Michigan Prenuptial Agreements Checklist. Take proofs. Fee Waiver Requests are automatically approved for those who receive public assistance based on having low income, are represented by legal services funded by the Legal Services Corporation or the Michigan State Bar Foundation or are represented by a law school clinic due to low income. Use the Do-It-Yourself Divorce tool to prepare the forms you need. Date and sign the Proof of Service and make two copies. You need to make copies of some of the forms. ), Fee Waiver Request (if needed) – 3 copies, Summons – 3 copies (Keep the second page to use as a Proof of Service), Complaint for Divorce with Children – 3 copies, Uniform Child Custody Jurisdiction Enforcement Act Affidavit – 3 copies, Application for IV-D Child Support Services (form DHS-1201D) – 3 copies. To county prevent cases from being dismissed over a lack of process divorce in michigan checklist here ’ s office to out. The filing fee and Judgment fee due at the end you with your other documents you... Such compelling necessity that shall appeal to the conscience of the Notice of hearing Motion. Judge regarding the statements in your name divorces, the Divorce is final print with your documents... Twice during the Divorce process Flow Chart to keep track of where you are having trouble getting your.! Served it on your shoulders form, entering the Default low income compelling necessity that shall appeal the! 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