Uncontested Divorce Michigan: A Simple and Efficient Divorce Process
Divorce can be an emotionally draining and complex process that can take a toll on both spouses. In Michigan, an uncontested divorce is a popular option for couples who agree on all terms and seek a simple and efficient way to dissolve their marriage. This article will explore the essential aspects of an uncontested divorce Michigan and how it differs from a contested divorce.
What is Uncontested Divorce Michigan?
An uncontested divorce is a legal process through which a couple peacefully agrees to terminate their marriage without engaging in a legal battle. In Michigan, parties filing for an uncontested divorce must meet specific criteria, such as:
– Residency: One or both spouses must have resided in Michigan for at least six months.
– Agreement: Both parties must agree on all significant issues, including child custody, spousal support, division of property, and debts.
– No contested dispute: The divorce must not have a legal dispute or unresolved issues that require a court to decide.
An uncontested divorce in Michigan can save couples time and money compared to a contested divorce. Additionally, it is a peaceful and amicable way of ending a marriage, which has positive outcomes for individuals and their children.
Uncontested Divorces in Michigan: The Process
The uncontested divorce process in Michigan is relatively straightforward as long as the couple meets the required criteria. Here is a step-by-step guide on how to file for uncontested divorce in Michigan:
Step One: Preparing the Forms
The first step in filing for an uncontested divorce in Michigan is to complete the appropriate forms. These documents include the “Complaint for Divorce,” “Affidavit of Service,” and “Judgment of Divorce.” The Complaint for Divorce should outline the details of the couple’s agreement, including provisions for property division, spousal support, and child custody.
Step Two: Filing the Forms
After filling out the forms, one spouse files them in the appropriate court in the county where they reside. A filing fee will also be required with the forms.
Step Three: Serving the Forms
The next step in the uncontested divorce process is serving the filed forms on the other spouse. The spouse that filed the forms sends the other party a copy of the filed documents.
Step Four: Waiting Period
Once the other spouse has received and reviewed the forms, they sign an acceptance of service and file it with the court. After filing, the waiting period for an uncontested divorce Michigan is 60 days.
Step Five: Finalizing the Divorce
Assuming that the waiting period has elapsed, the final step is to attend a court hearing to finalize the divorce. In Michigan, the hearing is before a Judge or a referee, which usually lasts for 15 minutes.
The hearing usually reviews the divorce agreement, and the judge or referee usually approves the terms agreed to by the parties.
Uncontested divorce Michigan is an easy and streamlined approach to ending a marriage as long as both parties agree to the terms of the divorce. This process usually takes less time and is more affordable than a contested divorce, making it the best option for uncontested separations that seek to reduce the emotional and financial burden. Understanding the statutory requirements and procedural steps can help couples navigate the process and avoid any legal challenges.
A Brief Introduction to Uncontested Divorce in Michigan
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.
In either case, the same uncontested divorce in Michigan procedure is followed.
How to File for an Uncontested Divorce in Michigan
It can be quite the burden to file for an uncontested divorce in Michigan since all the paperwork comes down to one spouse who acts as the sole petitioner.
Uncontested Divorce In Michigan requires all the documents normally required to file for divorce, including:
• Complaint about Divorce, stating important identifying information about both spouses as well as whether children are involved and what property there will be to divide if any;
• Marital Settlement Agreement, in which the petitioner lists all of their claims regarding how property will be divided, what child custody will be, what child visitation rights are acceptable, and whether child or spousal support orders should need to be created;
• A Uniform Child Custody Jurisdiction Enforcement Act Affidavit (UCCJEA), in which any minor child’s proper legal home is stated so as to prevent any kidnapping by the other spouse;
• A Verified Statement and Application for IV-D Services which is used to help collect and keep track of child support payments.
Additionally, petitioners for an uncontested divorce in Michigan must file a Summons which gives the other spouse 21 days to answer a Complaint if they are believed to be in Michigan and 28 days if they are believed to be in a different state.
The Summons will be mailed to them along with a copy of the Complaint for Divorce.
It is only when this complaint goes unanswered and no sheriff is able to locate the other spouse that the divorce becomes a truly uncontested divorce in Michigan.
A Diligent Search
If the spouse in an uncontested divorce in Michigan cannot be located, then the state of Michigan requires that a diligent search be undertaken to find their whereabouts.
Such a search includes looking in the phonebooks of possible areas of residence, looking for clues in their local tax records, consulting their friends and family, interviewing the post office of the area where they were last known to reside, discovering if they have a current driver’s license, and checking in with former landlords and employers.
If no address is uncovered using this method, then a Motion and Verification for Alternative Service must be filed. It allows for the summons to be published in the newspaper and hoping that the other spouse will respond.
Aftermath of Filing for an Uncontested Divorce in Michigan
Since no one is available to fight or to contest your claims, everything put in writing in the Complaint for Divorce and the Marital Settlement Agreement will proceed to the Court judge once a hearing is scheduled and will be approved at that time before passing into law.