For more detailed instructions about going to court, watch the Going to Court video. Once at the beginning and then once at the end. You can find a notary at the court clerk's office or at a bank. Take the other copies with you. The clerk will ask you to wait while someone reviews and approves your documents. MICHIGAN DIVORCE CHECKLIST 1. There are several different ways you can have papers served on your spouse. Use the one that says "Motion for Entry of Default Judgment of Divorce" after "Motion title.". 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. File the remaining documents by mail or in person. Step 7: File your Proof of Service with the court clerk. These worksheets include detailed checklists of all the information needed to properly fill out the divorce forms. Mark the box on your divorce judgment that shows it is a default judgment. Mark the box on the top of the Uniform Child Support Order that shows it is a final order. 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. Serve your spouse with a copy of the Judgment of Divorce and Uniform Child Support Order within seven days, and a completed Domestic Relations Judgment Information form. Have fun and stay safe. Grosse Pointe Farms, The Friend of the Court must screen your case for domestic violence. If you are unable to pay the filing fee and judgment fee, you can ask the court to waive them. 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 . Use the Do-It-Yourself Divorce tool to prepare the forms you need. For instance, if you intend to win custody, your chances may improve if you do not move out and leave them with your spouse. Wait to sign it until you are in front of the notary. It can get overwhelming. The post The Michigan Divorce Education Series. The clerk of the court must automatically approve your fee waiver if any of these are true: If you do not fit into one of these three categories, a judge will review your Fee Waiver Request. 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). Date and sign the Proof of Service and make a copy. As mentioned earlier, to get a divorce in Michigan, you do not have to prove any grounds. Michigan Divorce Attorney post-divorce-checklist-michigan-divorce-lawyer-femminineo-attorneys Published November 2, 2020 at 500 × 334 in Create a Post-Divorce Checklist . Michigan Legal HelpHelping Michigan residents solve their legal problems. 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. Mail a copy to your spouse at their last known mailing address. 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. Work closely with your Michigan divorce lawyer to compile a full list of how life will need to shift once your split is finalized. Divorce decree issued in the U.S . Keeping a household inventory checklist can simplify the difficult process of fairly dividing household items ina divorce. 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. 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. Give the clerk all of the originals and all of the copies. Employee photo ID issued by a federal or Michigan government agency . Specific instructions for your county are not yet available. There is also an $80 judgment fee due at the time of filing. 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. Step 15: Get approval and/or documentation from the Friend of the Court or other office if required. Step 20: What to do after your divorce is final. Our 3StepDivorce TM Online Divorce for Michigan is offered with a peace-of-mind 100% guarantee. This list is not exhaustive—it is meant to stimulate brainstorming and provide a base for what you and your spouse should consider, particularly if you are planning on using the services of an attorney only in unbundled capacity. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. Take proofs. 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. If your spouse does not file an answer, you must enter a default or the court may dismiss your case for lack of progress. 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. 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. The hearing date will be scheduled at least six months after the date you filed your divorce. Once you have covered all the aspects in the checklist, you will be much further along in the divorce process. Arrive 10 or 15 minutes before your scheduled hearing time. Complete and file the Notice of Hearing and Motion that was prepared when you did the Do-It-Yourself Divorce. In part one of the Motion section, fill in the date that you filed your Complaint for Divorce. “A complaint for divorce may be filed in the circuit court upon the. CUSTODY - physical, legal, joint, shared 3. Looking at the real estate and rental markets in your area can help you start putting together plans for moving out. A Judgement of Divorce should ensure that all liabilities are accounted for and, while not comprehensive, credit reports for both individuals can supply a lot of the needed information. Complete one of those forms, showing the date that you served the Judgment of Divorce and how you served it on your spouse. 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.). 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. (313) 421-8083 Daniel Although Michigan is a no-fault divorce state, you may be able to ask the judge for a more favorable property settlement or spousal support award because of your spouse’s misconduct. Record of Divorce or … of Treasury Form 2766) ☐ Transfer Homeowners Insurance. Divorce Settlement Checklist. The Secretary of State (SOS) website allows you to search for remote notaries by county. 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. Note: These instructions are general instructions for use in any Michigan County. The Michigan Legal Help website and affiliated local self-help centers are part of the Michigan Legal Help Program. All Rights Reserved. Your spouse must be served with the proposed final Judgment of Divorce, proposed Uniform Child Support Order, and the Notice of Hearing and Motion. You must get the Uniform Child Custody Jurisdiction Enforcement Act Affidavit notarized. U.S. court order for a name change . 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. Step 10: Complete the Certificate of Mailing and file it. Mediation. File the original and one copy of the Proof of Service with the court clerk’s office and keep the other copy for yourself. The Do-It-Yourself Divorce prepared two Proof of Service forms. Keep the other copy for your records. Domestic Relations Judgment Information. Explore our article to learn more or request a consultation today. Step 19: Complete and file a new Proof of Service. Step 17: File the signed Judgment of Divorce and Uniform Child Support Order. The instructions below explain which forms you need for each step and how many copies to make. Talking to a financial planner who specializes in divorces may be a wise idea to ensure the most secure financial positioning possible. The clerk will return copies of all the divorce papers that the court doesn’t need. Fill in the child support amounts on the Uniform Child Support Order by hand. The Testimony in Final Divorce Hearing script will print with your other documents if you completed the Do-It-Yourself Divorce. If you are having trouble getting your spouse served in this time, you can file a motion for a second summons. If your spouse is at the final hearing, you can give them these documents in the courtroom. Preparation is key, and this divorce in Michigan checklist can ensure that you’re prepared for any eventuality, ensuring cases with minor children involved, or where a spouse does not answer a complaint. 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. 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. Alternatively, use Law Help Interactive, which is a website that will fill out the forms for you. Make the changes and reprint the documents you changed. The judge may ask you to enter testimony at the final hearing. 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). In paragraph three, write the name and bar number of the judge, if you have it. And much, much more. Overview (click any of the steps below to get more information): Ensure proper residence. Serve the papers on your spouse by first class mail to your spouse's last known address, or deliver them in person. Your credit report will have listings of accounts in the marriage, including under whose name they are. 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. You must have your spouse served with (notified of) the divorce action. Make at least three copies of your Judgment of Divorce and Uniform Child Support Order and two copies of your Domestic Relations Judgment Information form. 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. Helping Michigan residents solve their legal problems, Finishing Your Michigan Divorce with Minor Children. This can include changing login details for things like your phone and your email address. Looking for more information about Divorce and 16 Point Post Divorce Checklist in the state of Michigan? The final hearing could be sooner if you filed a motion to waive part of the waiting period and the judge granted a waiver. Date and sign the Proof of Service and make two copies. The decision to get a divorce is never easy, as anyone who has gone through the process can tell you. 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. Tell the clerk that you have final orders that you need the Friend of the Court to approve. appeared first on 248-399-3300 Findling Law. Make two copies, and file the original and one copy with the clerk's office. If you are a Michigan resident considering divorce, there are several laws and processes you should know about before taking your first steps. You or your spouse must have lived in Michigan for at least 180 days before you file the divorce papers. In either case, the same uncontested divorce in Michigan procedure is followed. You may also wish to take out a solo credit card in your name. Divorce in Michigan. Step 6: Have your spouse served with the divorce papers. Michigan Vital Records are mostly open to the public. Fees should be expected when filing your forms with the court clerk. 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. 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. Bring this document with you to the hearing. 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). Take the time to consider what is truly best for the children. At the least, we recommend pulling your credit report twice during the divorce process. Solutions. Ask the clerk's office for three copies of the signed form. 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). You will not file all of these forms at the beginning of your case; some you will file later. Check the “Judgment of Divorce” box on the Proof of Service. Information about prior court cases, including prior divorces, paternity, personal prote… As such, it’s wise to prepare enough money for around 3 months of daily expenses. If possible, run both of your credit reports. You can make changes to the judgment by hand, but it is better to log back in to the Do-It-Yourself Divorce to make changes. 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. Uniform Child Support Order. Download a PDF. My wife and I have been separated for several months now and we are trying to file for a divorce in Michigan, but we're having some trouble figuring out the right path. Find the Default Request and Entry form that was prepared when you used the Do-It-Yourself Divorce tool. The Do-It-Yourself Divorce prepared two copies of a Proof of Service form. As soon as possible, it’s wise to start making copies of financial documents that could be used as evidence during the case including taxes, mortgages, auto loans, pay stubs, bank accounts, trusts, pension statements, investments, and more. The judge will sign all copies of the forms. Hold hearing and decide issues. Use the username and password that you created when you did the Do-It-Yourself Divorce. If you want a judgement in your favor, you should be expected to prove why you deserve sole or joint custody. The SOS website also lists five approved vendors who offer remote notarization services. 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! If not, you can print the script from the article Testimony in Final Divorce Hearing. On your remaining copy of the Default Request and Entry form that has been signed by the clerk, date and sign the Certificate of Mailing section. In Michigan divorces, the courts require full disclosure of the parties’ assets. Service must be completed at least 14 days before the hearing date. 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. To prevent cases from being dismissed over a lack of process, here’s what … You are represented by a law school clinic based on having low income. That way you know exactly how many accounts you have and whose name they are … Keep one copy for yourself and one copy to serve on your spouse. A notary at a bank is more likely to charge a fee. To learn more, read Fee Waivers in Court Cases. Hopefully, the divorce in Michigan checklist above highlights some of what you should expect from the process. To get a divorce, the only reason needed is that there has been a serious breakdown of the marriage that is permanent and that there are no chances of you working things out with your spouse. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. Michigan Prenuptial Agreements Checklist. To prevent cases from being dismissed over a lack of process, here’s what you need to do. 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. 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. Divorce Checklist. Copies of the documents are for each of the following: Plaintiff (you), Defendant (your spouse), and the Friend of the Court. Please be aware that some steps will vary from county to county. Click on Courts & Agencies for the address and phone number of the court in your filing county. Grounds For a Michigan Divorce. Preparation is key, and this divorce in Michigan checklist can ensure that you’re prepared for any eventuality, ensuring cases with minor children involved, or where a spouse does not answer a complaint. 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. 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. There is no cost for this. As you get closer to the point that you move on with your life, you may need to consider physically moving on. This form will not be part of all cases. Additionally, one spouse must have lived in the county where the papers were filed for at least 10 days. Check the boxes showing which documents were served. As emotionally challenging as they can be, there’s no reason to make a divorce more contentious or fraught than it needs to be. The cost to use one of these vendors is typically around $25 per notarized document. To file for a divorce in Michigan, one spouse needs to have been a resident of the state for at least 180 days immediately prior to filing. You can get the forms from your local court clerk. PARENTING TIME a. specify pick-up and drop-off b. specify notice requirements c. make up visitation d. times 4. Otherwise, mail them to your spouse at their last known address or deliver them to your spouse. When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. File the Proof of Service with the court clerk’s office and keep the copy for yourself. You must sign and date each form that has a signature line. 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. Learn More. 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. Check the “Judgment of Divorce,” “Uniform Child Support Order,” and “Domestic Relations Judgment Information” boxes on the Proof of Service. File the original Domestic Relations Judgment Information form with the Friend of the Court. File the original and one copy of the Proof of Service with the clerk’s office and keep the other copy for your records. Verify statutory conditions are met. Financial Records and Divorce (Checklist) Information Provided by: Divorce & Financial Checklist (Instant Download) At some point in their divorce, couples divide the marital estate, which are their assets and liabilities, and memorialize the arrangement in a marital settlement agreement. There are two forms: Divorce with Minor Children Worksheet (DM Worksheet) and Divorce without Minor Children Worksheet (DO Worksheet). You and your ex-spouse must obey the terms of the judgment. Take the Default Request and Entry form to the court clerk's office. Thankfully, there are trained professionals who can guide you through it safely and efficiently. Otherwise, you can use the Do-It-Yourself Fee Waiver tool to prepare a Fee Waiver Request. 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. Your attorney is there to help you reach the outcome that you think is best, but the decision is on your shoulders. Also write the hearing information the clerk gives you. File the original and one copy with the court clerk’s office. Divorce is a complicated and emotional time. Date and sign the Proof of Service and make two copies. You can use this even if you and your spouse agree on all of the issues in your divorce. To get divorced in Michigan, you'll need to file a petition for divorce with the county court where you or your partner live. 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. 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. HELPFUL TIPS! Be prepared to answer questions from the judge regarding the statements in your Complaint for Divorce. 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. Or it may be possible to have the form notarized remotely. Follow the clerk’s directions and do not interrupt any hearing in progress. 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. You need to make copies of some of the forms. File your forms at the court clerk's office. Friend of the Court (by Income … ), 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. 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. You can also use the Divorce Process Flow Chart to keep track of where you are in the process. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Divorce document checklist Having all of your important documents in one place will help you as you prepare for negotiations. Below are brief instructions about attending your final court hearing. It will cost you at least $175 to file a complaint for divorce with minor children. Step 13: Send the proposed final documents and the Notice of Hearing and Motion to your spouse. This is to certify that you have served the defendant with the Default Request and Entry form. Nearly all of us would like to think that we’re marrying our prospective spouses based upon mutual love and respect. 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. In 2012, we envisioned a divorce video education series which evolved into the The Michigan Divorce Education Series by Findling Law. 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). Before your hearing, go to the Friend of the Court office with your Judgment of Divorce and Uniform Child Support Order. Financially, a divorce process is a transformative time. The Friend of the Court assists the court in making custody, parenting time, and child support decisions. As emotionally challenging as they can be, there’s no reason to make a divorce more contentious or fraught than it needs to be. And Motion that was prepared when you did the Do-It-Yourself Divorce you show that your household! Documents in the Child Support Order all cases the Point that you are represented by a Law school based! Naturally change depending on whether Minor Children Worksheet ( DM Worksheet ) and Divorce without Minor.. 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