Anyone that has gone through a divorce process will agree that it is never easy. However, if you are getting a divorce in Michigan, the process is relatively straightforward. In truth, you may not need the service of an attorney to complete the divorce process if you fulfill the prerequisites for an uncontested divorce.
What is an uncontested divorce? It is a divorce process where both spouses agree on everything. This includes consent to divorce, property division, child custody, child support, and spousal support. If everything has been agreed on, you can quickly move on with the divorce proceeding and complete it within a short period. All you have to do is get the necessary divorce forms, fill them out appropriately, and submit them to the County Clerk. They will review your divorce papers and pass the divorce decree after the waiting period.
However, things can get more complicated if the divorce is contested. There will be a need to take extra steps for the dissolution of marriage. In this case, the court would need to come in and develop a binding agreement before the marriage can be dissolved. Some of the issues that may cause a divorce to be contested include assets and debts division, child custody, child support, and alimony.
Before proceeding with a court trial, the court may recommend that both spouses go through divorce mediation to try to agree on everything. If everything else fails, both parties will have to hire a lawyer and attend a court trial. It’s important to mention that settling the issues with the service of a divorce mediator is better than going through the full process of a court trial. It’s more affordable, and you are likely to resolve the issues faster.
Facts about Divorce and Divorce Forms Online in Michigan
The first thing that needs to be established is that Michigan is a no-fault divorce state. This means that the petitioner does not have to prove the fault of the other spouse to get the dissolution of the marriage. Your spouse doesn’t have to abandon you or commit adultery or be involved in domestic violence before you can divorce them. If the marriage has no potential to get better, you can go ahead and apply for divorce. This does not mean that serious issues such as adultery, abuse, and domestic violence will not affect the divorce’s final decree. They can play a significant role in rulings regarding child custody, child support, and spousal support.
If the couple agrees on all aspects of the divorce, the process becomes more manageable, and a do it yourself approach can be taken. In fact, it will be easier to complete a divorce online in this case. Many online services offer to prepare your paperwork for you at an affordable cost if your case is uncontested. With this, you can achieve everything without an attorney, which will save you a great deal of money and time.
When it comes to filing for divorce in Michigan, the law requires that one of the spouses be a resident of Michigan for at least six months before getting a divorce. If you are the petitioner, the law requires that you file the documents for the divorce in the county where the spouse that is a resident in Michigan has lived for the past ten days.
Can You Get Divorce Forms Online in Michigan?
The answer to this is a yes. The Michigan website offers Toolkits designed to provide appropriate divorce forms for different needs. There are two different types of forms. There is the Divorce without Minor Children and another for Divorce with Minor Children. The specific divorce papers that are appropriate for you will depend on your circumstances. In addition to these particular forms, you also have to complete some basic forms that require specific details about you, your partner, and the divorce. There is also the summons, which you have to serve to your spouse, informing them of the divorce. Some information that you will be required to include on the divorce documents consists of the following:
- Details of any prior court cases, such as prior divorces, personal protection orders, paternity, child custody, child support, dependency, abandonment abuse, parental rights termination, and guardianship;
- Details about the spouses, such as full names, driver’s license numbers, Social Security numbers, health care coverage, military service, public assistance packages, and employment/unemployment;
- Details of all marriage properties and debts;
- Details on marriage and family, including marriage date, marriage location, pregnancy, separation dates, agreements on parenting and custody, full names, Social Security numbers, and dates of births of children, and addresses of both spouses for the past five years.
If you plan to have joint custody, you will also be required to fill out parenting time schedules. You can find a template for this under the Toolkits. It is essential to choose the correct divorce forms and fill them out correctly to avoid unnecessary costs and delays in the divorce proceeding. It is recommended that you use the service of one of the divorce companies in Michigan to ensure you have a seamless and quick divorce process. Based on the details you provide in a questionnaire, they will choose the appropriate forms that suit your specific circumstances and fill them out for you correctly. You can complete your divorce over the internet without having to engage the service of a lawyer.
How Do I File the Divorce Papers in Michigan?
One of the requirements for filing for divorce in Michigan is that one of the spouses should be a Michigan resident. To file the divorce paper, you have to go to the county clerk where the party residing in Michigan lives. You should try to find out about the cost of divorce in the county to avoid unpleasant surprises. You can call up the county clerk or check their online resource tool to know the specific filing fees. After submitting the paperwork, you will receive detailed instructions relating to the specifics of your divorce circumstances.
If both spouses agree on everything and there are no minor children, the process is fast, and you can expect that your divorce proceeding will be completed within two months. In a situation where you agree on everything but have minor children, it will take closer to six months. On the other hand, if the divorce is contested and the couple does not agree on every aspect of the divorce, it may take up to twelve months or more and will require the service of a divorce mediator or a court trial.
What Next After Filing the Divorce Papers in Michigan?
Filing the divorce papers is a big step in the divorce process. After that, the next step would be to serve the divorce documents to your partner, known as the respondent. You can have a sheriff deliver the divorce papers to your spouse, but this will come at a fee. Alternatively, you can mail the papers through certified mail.
It’s also possible to engage the service of an independent person, like a friend who is not involved in the divorce process, to deliver the divorce papers to your spouse. After receiving the papers, your spouse will need to complete their parts of the document and send back a ‘Proof of Service’ to the County clerk. When the County Clerk receives the Proof of Service, you will have completed the filing process. The next step is to wait out the waiting period to have the dissolution of marriage. If there is a need to get additional information from you or your spouse, the court will notify you. If the divorce process also requires the service of a mediator, you will also be notified.
How Easily Can You Get Divorced Online?
Online divorce is an affordable and inexpensive option of getting a divorce in Michigan. It is appropriate for spouses going through an uncontested divorce. With this, you will cut out some costs and complete the whole process within the timeframe that the law allows. If you are planning to make an application for divorce online, it is recommended that you use the service of a reputable online divorce company to complete your application. You won’t have to deal with much of the paperwork. They will help you prepare all the necessary forms and offer you comprehensive instructions on how you should file for divorce in Michigan. This is more of a DIY divorce but with the service of an experienced professional guiding you through the process.
It is legal to get an internet divorce in Michigan if your divorce is uncontested. If both parties agree on the specific terms, they can have a smooth dissolution of marriage. With this, they would not have to spend heavily on attorneys, and the total cost of divorce will be significantly reduced. To get divorce forms online in Michigan, contact a reputable web divorce company, and they will help you with the whole process seamlessly.