What Happens After You File for Divorce in Michigan?

Filing divorce is the formal beginning of the legal process, but it is only the first step. Once a divorce complaint is filed in Michigan, there are several important steps that follow. Understanding what to expect can help reduce uncertainty and allow you to make informed decisions throughout the process.

Your Spouse Must Be Served

After the complaint for divorce is filed, your spouse must receive formal notice of the case. This generally includes the summons and a copy of the complaint. The papers must be served according to Michigan court rules, and the person filing for divorce cannot personally serve the papers. The summons generally must be served within 91 days of being issued, or the case may be dismissed.

Your Spouse Has Time to Respond

Once served, the other spouse has a limited amount of time to respond. In most cases, an answer must be filed within 21 days if the spouse was personally served in Michigan. Certain methods of service may provide 28 days.

The response may agree with some or all of the issues raised in the complaint, disagree with them, or include a counterclaim. Failing to respond can result in a default, which may limit the spouse's ability to participate in the case and could allow the court to decide issues without that spouse's input.

Temporary Issues May Need to be Addressed

Divorce cases can take months to resolve, and important issues may need to be addressed while the case is pending. Depending on the circumstances, the parties may need temporary arrangements concerning custody, parenting time, child support, spousal support, payment of household expenses, or use of the marital home.

Either party may ask the court to enter temporary orders when an agreement cannot be reached.

The Discovery and Negotiation Process Begins

The parties may exchange information about their finances, assets, debts, income, and other matters relevant to the divorce. This process, known as discovery, can help identify marital property and determine what issues need to be resolved.

Many divorces are resolved through negotiation, mediation, or another form of alternative dispute resolution rather than going to a full trial. Reaching an agreement can often save time, expense, and the uncertainty associated with having a judge decide disputed issues.

If You Have Children, the Friend of the Court May Become Involved

When minor children are involved, Michigan's Friend of the Court (FOC) may assist the court with issues such as custody, parenting time, and child support. The FOC may investigate certain issues and make recommendations to the court.

Parents should take FOC communications, appointments, recommendations, and deadlines seriously. The specific FOC process can vary by county and by the circumstances of the case.

Michigan has a Waiting Period

Michigan law establishes a minimum waiting period before a divorce can be finalized. For a divorce without minor children, the waiting period is generally 60 days from the date the complaint was filed. When the parties have minor children, the waiting period is generally six months. In certain cases involving children, a judge may shorten the waiting period for unusual hardship or another compelling reason, but the total waiting period generally cannot be reduced below 60 days.

Importantly, the waiting period is only a minimum. If the parties cannot agree on property, support, custody, parenting time, or other issues, the divorce may take considerably longer.

The Divorce is Finalized by a Judgment

Once all issues have been resolved, either through agreement or after a court hearing or trial, the judge can enter a Judgment of Divorce. The judgement addresses the terms of the divorce, which may include property and debt division, spousal support, custody, parenting time, child support, and other matters.

Once entered, the parties are legally divorced and must follow the terms of the judgment and any other applicable court orders.

Every Divorce is Different

Although the general process follows these steps, every divorce has its own circumstances. The timeline and issues involved can vary significantly depending on whether the parties have children, the complexity of their finances, whether they agree on major issues, and whether court intervention is necessary.

If you are considering divorce or have recently been served with divorce papers, speaking with an experienced Michigan family law attorney can help you understand your rights, responsibilities, and options before making important decisions.

Written by Monica Rossi Baylis