Divorce Online

In a divorce in Michigan, the spouses can act as self-represented litigants, i.e., without an attorney. Such a do-it-yourself divorce (or Pro Se divorce, legally speaking) is gaining popularity due to its low cost but has its pitfalls and risks.

Thus, experts in family law cases typically do not recommend arranging a divorce without legal representation for those couples who contest the case or who have not yet reached an agreement about essential terms of their separation, like property division, child custody, or financial matters. The desire to save money should not outweigh a reasonable approach to the procedure and sober assessment of the potential difficulties and divorce implications.

In contrast, if the spouses separate amicably and either do not have minor children and marital property or can solve all the disputed issues out-of-court, they may manage the divorce process independently. Besides a completely DIY divorce, they can also resort to some alternative divorce options like divorce mediation, counseling, unbounded legal services, or use the help of OnlineDivorce.com at the stage of drafting documents.

Even though each dissolution case is unique, and some couples may have to take some additional steps, there are several main stages of the divorce process in Michigan, which are common for all, regardless of the type of divorce and the spouses' circumstances.

1. Foremost, the spouse initiating the case (the plaintiff) needs to gather, fill out, and file the required divorce papers with the Clerk of Courts in the particular county. The plaintiff also has to pay a court filing fee to start a court case.
2. Then, he or she shall make copies of the initial documents, including the Complaint for Divorce, the Summons, and others, depending on the case.
3. The next step is serving the second spouse (the defendant) with these copies of documents within 91 days after filing. The plaintiff is not allowed to hand the papers to the defendant personally. He or she can ask any adult person who is not involved in the case to do it, hire the local sheriff's department or a private process server, or send the copies via registered or certified mail (a return receipt must be requested).
4. As soon as the divorce petition is filed, the waiting period starts. In Michigan, if the spouses do not have minor children, the waiting period is sixty days, and if they do, there is a six-month waiting period.

In some cases, the waiting period can be shortened or dismissed by filing the appropriate motion. The court may considerably shorten the divorce timeline if it finds the request reasonable (for example, if it’s in the child’s best interest).

The cost of any dissolution of marriage in Michigan starts with the court collecting a filing fee. However, the rest of the costs are hard to predict since each divorce case is unique, and the spouses have broad discretion in managing expenses.

Thus, they may hire a full-service attorney even for their uncontested case, so the attorney's fees will make up the bulk of the divorce expenses. Or in contrast, the spouses may fill out all the papers by themselves and file for divorce almost for free, as self-represented litigants.
There are plenty of other alternative options between these extremes. The spouses may choose the aid and services that suit them best.

To file for divorce in Michigan, at least one of the parties must meet the state's residency requirements.

Thus, for the Circuit Court to accept a divorce lawsuit, either spouse must be a resident of Michigan for at least 180 days before filing the Complaint. Besides, either spouse must have lived in the county of filing for no less than ten days.

However, the ten-day residency requirement can be waived if a defendant is a citizen of another country, the parties have minor children, or the plaintiff provides the court with the evidence that the defendant may try to take their child outside of the US.

After being personally served with divorce papers, the defendant has 21 days to file an answer to the divorce complaint.

If the defendant was served with divorce forms by mail or while he or she was outside of the state, they have 28 days to answer.

The defendant also has the right to file a counterclaim for divorce, which must be filed along with the answer.

The cheapest way to terminate the marriage in Michigan is to arrange a peaceful DIY divorce without taking advantage of paid legal aid or other related services. Thus, in theory, the spouses can pay only the court filing fee, which is between $175 and $255 in Michigan, depending on whether the spouses have minor children.

An entirely free divorce is only available to plaintiffs who cannot afford to pay the court filing fee. The plaintiff shall disclose their financial information and file a Fee Waiver Request with the court asking the court to waive the filing fees.

In some cases, the court can order the defendant to pay the court fees instead of the plaintiff.

The legal forms the spouses have to file may vary depending on the multiple circumstances of a particular divorce case.
The basic package of forms which are necessary for most divorce cases in Michigan includes Summons and Complaint, Complaint for Divorce, Marital Settlement Agreement, Judgment or Divorce, Answer and Waiver, Notice of Hearing, Uniform Child Custody Jurisdiction Enforcement Act Affidavit.