When divorcing in Michigan, couples have to go through many different procedures, including legal ones. This is especially difficult if the couple has minor children whose custody needs to be divided. Of course, the state endeavors to make the division of property and guardianship as comfortable as possible for both parties. Couples are even given time to reconcile. This is a period in which couples can decide whether they will file for divorce. One of the most important papers in a divorce is the Michigan Marital Settlement Agreement Form. In this review, we’ll tell you everything you should know about divorce and the division of assets in Michigan.
Many couples get divorced in Michigan every year. Unfortunately, even the longest, happiest, and most stable marriage has to be dissolved at times. This is completely normal. There are many changes in life; everyone sometimes makes mistakes or wants to change their direction in life. The Michigan Marital Settlement Agreement Form makes divorce possible for couples with minimal harm.
This paper details how to divide jointly acquired property and custody of children, the amount of alimony, and much more. It is worth remembering that everything not specified in the paper will then be decided through the courts. To avoid resource-intensive litigation and save your time, effort, and money, it is best to make the Agreement as detailed as possible.
We also recommend that you seek the help of a lawyer. Creating a paper under a lawyer’s supervision will minimize losses and avoid possible legal problems. Ensure that all terms and statements are clear to everyone involved in the lawsuit to prevent court appeals later. Before submitting the paper, it must be signed by both spouses and notarized.
Since this is a very detailed and voluminous paper, it can take you a pretty long time to complete. To avoid this and facilitate the lawsuit, use our form-building program. You just need to enter the necessary information in the appropriate fields, and the program will draw up the form for you. After that, you and your spouse will only require to sign the paper and notarize it. It is also possible to notarize the document online.
Please note that the laws governing separation may vary from state to state. Therefore, study the legal side of the issue in as much detail as possible before proceeding with the paperwork. In our review below, we will tell you about the legal features of Michigan laws governing the issue of divorce.
Divorce proceedings in Michigan are governed by state law, namely M.C.L.A. Chapter 552 (Divorce). This chapter describes all divorce matters and separation of rights and responsibilities of spouses and lists all the necessary documentation. The chapter is lengthy and contains a lot of essential data. We have highlighted the most basic points, which will help you draw up the paper. However, we strongly recommend that you seek legal support in a divorce case, just in case.
If you are looking to file for separation in Michigan, at least one of the couples must be a resident in the state for at least six months or 180 days. If one of the spouses has different or dual citizenship, the court may consider forcible detention of a child by one of the spouses in another country. This data is provided in State Law § 552.9.
Alimony is a mandatory monthly payment that is paid by one of the spouses to the second spouse. The alimony lawsuit is also governed by state law, namely § 552.13 (1) and § 552.23. Usually, alimony is paid by a parent who does not live with the child after the divorce. But situations are different. When appointing alimony, the spouses’ income, the presence of movable and immovable property, and much more, up to the spouses’ psychological characteristics, are taken into account.
If one of the spouses does not necessitate receiving monthly child support, they can discuss temporary child support with the other parent. This is also governed by Michigan state laws, § 552.13 (1) and § 552.15.
Division of assets is one of the most challenging tasks in a divorce. This is because many controversies can arise around real estate, especially if the spouses are hostile. It is essential to understand that the property should not be divided equally but fairly. That is, each spouse must receive a reasonable share of the property. You can specify all this in the Document, and for more data, see State Law § 552.401.
There can be many reasons for divorce, but not all of them can warrant a divorce. While no party can be blamed for a divorce, the grounds for divorce can be taken into account in the judicial division of assets and child care. If one of the spouses had committed any illegal activity, the court cannot rule in their favor. In Michigan, this is regulated by § 552.6 (1) by state law.
If a couple has a minor child, divorce can be a daunting task. It is vital to distribute responsibilities between parents as much as possible to avoid negatively affecting the child’s upbringing. The decision lawsuit for child support is governed by § 552.16 and § 552.605. This paragraph helps each parent understand their responsibilities. The paragraph also describes cash payments for child support. It is essential to consider each parent’s income, guardianship particulars, and the amount of child support.
Below is a detailed guide detailing all the steps required to file divorce papers. Remember that divorce is a serious legal lawsuit that often requires the help of professional lawyers.
1. Fill in the Required Papers
As we mentioned earlier, if you want to file for divorce in Michigan, at least one of the spouses must be recorded in Michigan for more than six months. Furthermore, at the time of drawing up the papers, the second spouse must have lived in Michigan for at least ten days.
One of the spouses will be required to fill out a Divorce Complaint, create a subpoena, and receive a confirmed application (if the two have minor children). Both spouses must sign the papers, and the summons must be notarized.
Drawing up divorce papers is a laborious and demanding task. You can use our form builder to help you get the templates with ease.
2. Submit papers To Court
You have already completed, signed, and notarized papers. You now need to submit them to the court. In this case, you must pay a fee, which at the moment is $175. If you apply for a fee waiver and the application is approved, you can apply without paying the fee.
3. Inform the Second Spouse
The plaintiff (the spouse submitting papers to the court) must send all copies of the papers to the second spouse within 91 days after submitting the papers to the court. In this case, you can send the papers by courier assistance or by recorded mail. Either way, ensure that you receive a confirmation of dispatch.
4. Solve Divorce Agreement and Child Custody
Spouses need to resolve all issues related to the division of responsibilities regarding raising their minor child. It is essential to decide who will be the child’s custodian, alimony, and the other spouse’s visitations to the child. It is also worth discussing the division of assets and other fundamental points in advance.
The Michigan Marital Settlement Agreement Form can help you with this. By using this paper, you will avoid a significant part of litigation. Remember that if you fail to specify any issues with your spouse in the Agreement, the court will decide on them.
5. Receive a Notice of Hearing
The hearing will take place in 60 to 180 days from the date of filing the application with the court. No more than 60 days will elapse before the hearing on the divorce of a couple without children or with adult children. For couples with minor children, the lawsuit will take 180 days.
6. Attend the Hearings
Both parties to the lawsuit must go to court for hearings. The court will decide on a divorce if the couple has not changed their mind at the time of the hearing. Remember, it is very important to be on time for your hearings.
7. Change Name (optional)
If you need to change your name after the divorce, you can do it in Michigan or any other state. This is spelled out in Michigan State Law § 552.391. To do this, you need to fill out a name change petition and file it with your local district court.