What Do I Need to Know About Filing Divorce in Michigan with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Grounds for Divorce in Michigan.
Michigan is a “no-fault” divorce state. The only ground for divorce is a no-fault ground. The actual wording is that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved”.
Michigan Residency Requirements.
Before you can file for divorce in Michigan, at least one spouse must reside in the state of Michigan for at least 180 days AND in the county where the divorce is filed for at least 10 days.
However, if the cause for divorce occurred outside of the state of Michigan, the residency requirement is 1 year. Absence from the state of Michigan for 90 days or less shall not interfere with the fulfillment of the 1 year residency requirement.
Additionally, if the defendant does not live in the state of Michigan at the time the divorce is filed, or at the time the cause for divorce occurred, then you must meet at least one of the following additional requirements: the parties must have actually lived and cohabited together as husband and wife within the state of Michigan, or the plaintiff must have lived in Michigan for at least 1 year before filing for divorce.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Michigan for at least six months and currently live in Michigan, or have lived in Michigan within six months of filing.
Filing for Divorce.
Generally you will file for divorce in the Michigan county where either spouse has lived for at least 10 days.
Michigan Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
After filing the divorce papers with the Court, you are required to “serve” your spouse with a copy of the papers you filed. However, in an agreed divorce, formal service by Sheriff or process server is not required. All you have to do is either hand-deliver a copy of the papers to your spouse, or mail them by registered or certified mail.
Waiting Period.
If no children are involved, there is a waiting period of 60 days from the time you file the papers with the court, before your divorce can be finalized.
If you do have minor children, there is a waiting period of 6 months from the time you file the papers with the court, before your divorce can be finalized.
Michigan Final Uncontested Divorce Hearing.
All cases are finalized during a brief hearing which the Plaintiff must attend. The Defendant will have to attend only if ordered by the Court.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.