TODAY THE KEYWORDS FOR A RESPONSIBLE DIVORCE ARE “HOW TO FILE FOR DIVORCE IN MICHIGAN”
FILING FOR A DIVORC E
Initial filings. §§1.7–1.10.
The initial filing for a divorce without children includes a summons, a complaint, filing fees, and a record of divorce or annulment (some counties require filing at the time of entry of the judgment).
GENESEE COUNTY IN FLINT FRIEND OF THE COURT GETS A COPY OF YOUR DIVORCE FILING
If there are minor children or a request for spousal support, a verified statement must be served on the other party and provided to the Friend of the Court.
KIDS IN DIVORCE
The initial filing for a divorce with minor children must also include information about custody proceedings and the names and birth dates of the minor children.
The complaint must include the following:
The statutory grounds for divorce, without further explanation.
The parties’ complete names and their names before marriage.
Whether a party is pregnant.
The required case caption language (see §1.8).
Whether there are minor children of the parties or minor children born during the marriage.
The complete names and birth dates of any minors involved in the action, including minor children of the parties and all children born during the marriage.
Whether there is property to be divided.
If a request for protection of property is made, facts sufficient to support the relief requested.
If spousal support is requested, a showing of the need for support and the other party’s ability to pay.
If there are minors or a request for child support, whether any Michigan court has continuing jurisdiction over the minor and, if so, the court and file number.
If custody of a minor is to be determined, the following must be included in the complaint or in an attached affidavit: (1) the child’s present address, (2) places where the child has lived within the last five years, (3) names and present addresses of persons with whom the child has lived during that period, (4) whether the party has participated in other litigation concerning the custody of the child in Michigan or elsewhere, (5) whether the party knows of a proceeding that could affect the current child custody proceeding, and (6) whether the party knows of a person who is not a party to the proceedings who has physical custody of the child or claims custody or parenting time rights.
Filing fees may be waived. Fees and costs must be waived or suspended for persons receiving public assistance and indigent persons. The judge may hold a hearing to determine if the person is indigent. If the affidavit of indigency is not disputed, the waiver is mandatory.
Service is as provided in the general rules for service, with a copy to the Friend of the Court if there are minor children, a party is pregnant, or support is requested.
If there is a nonresident defendant and jurisdiction is under the long-arm statute, service is made as on a resident defendant. If jurisdiction is acquired by personal service with an order for appearance and publication, specific proofs are required (see §1.13).
Requirements for alternative service—see §1.14.
Requirements when a spouse is in the armed services—see §1.16.
If you have family law/divorce question call for a free consultation Attorney Terry Bankert 235-1970 or reach him through http://www.attorneybankert.com/
FAMILY IN ECONOMIC DISTRESS try his informational site http://www.nojokebeingbroke.com/
if you have bankruptcy questions.
Michigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01
(last updated 04/01/2011