Divorce Attorneys - The Divorce Process

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Divorce Help

Michigan is a "no fault" divorce state, meaning that one or both parties merely have to claim irreconcilable differences to initiate divorce proceedings, rather than specific reasons for those differences.

Therefore, neither spouse needs allege any fault on the part of the other spouse in order to be eligible for a divorce. However, that does not mean that fault is not taken into account in Michigan divorce cases. Fault may be taken into account by the court when considering alimony requests, property divisions requests, and, in some instances, fault considerations can affect one or more of the factors considered by the judge to determine child custody.

See our Divorce Law page for more detailed information about some of the legal aspects of divorce by our divorce attorneys.

In order to get a divorce help in Michigan, there a few different steps that must be taken. If you are considering a divorce in Michigan, we can help you through all of the following processes:

Step One: Complaint and Answer

The first step in the divorce process is for one party to the marriage to file a complaint with the court. This complaint will then be served to the other party. The complaint may also request court orders for issues relating to the divorce, including property settlements, child custody and support, spousal maintenance issues, and so forth.

Once the other party receives the complaint, they have twenty-one days to answer. The second party will normally file a counter complaint for divorce, addresses any issues brought up in the initial complaint, and bring up any additional issues of their own.

Step Two: Issuing Interim Orders

The second step in the divorce process is for the court to issue orders to temporarily address any issues that cannot wait until the divorce is finalized. This can include temporary orders for child support, child custody and visitation, and temporary living arrangements; and may also issue injunctions preventing parties from destroying or selling property, from harassing or contacting each other, and similar issues.

Step Three: Assign a Friend of the Court (FOC)

In divorces where children are involved, the court will assign a representative called a Friend of the Court, to represent the child or children's interests in the divorce proceedings, including orders for parenting time, child custody and child visitation, child support, and other issues.

Step Four: Discovery

Discovery is the process by which each side determines what evidence and testimony the other side might produce at a trial. Discovery is conducted by the divorce attorney, with little or no participation by the court. Discovery may consist of (1) interrogatories (written questions which the other party must answer, under oath, and in writing); (2) request for production of documents (a written request to the other party to product copies of documents such as tax returns, appraisals, credit card bills, bank statements, etc. . . .); (3) subpoenas to third parties (written requests to employers, banks, accountants etc. . . . to produce copies of record relevant to the divorce proceedings); and (4) depositions (oral questions and answers, under oath, before a court reporter in the presence of the attorneys for both parties).

Step Five: Mediation, Arbitration, and/or Trial

The last step in the divorce process is the final judgment. This is the step during which the assets are divided and final agreements are reached. Depending on the specifics of the case, this can be accomplished in one of three ways: mediation, arbitration, or trial.

In some cases, certain aspects of a divorce agreement may be reached in the mediation process, and other, more contentious issues, may be resolved in arbitration or in a court trial.

To learn more about the mediation process and how it differs from arbitration or a court trial, see the following pages:

• Settlement and Mediation
• Frequently Asked Settlement and Mediation Questions

The divorce process can be complicated and often overwhelming; no matter where you are in the process, it's never too early or too late to seek professional divorce help.

At Robert G. Morrison & Associates, P.L.L.C., we know family law. We know how the law works, we know the courts, and we know how to help our clients get what they want and need.

If you need competent representation, or if you just have questions about your divorce, call our divorce attorneys today to schedule your confidential, personal consultation, and get you started on your brand new life.

For your free initial consultation with the experienced staff at Robert G. Morrison & Associates, P.L.L.C., click here or call our offices today.

For information about what to expect after your divorce, see the following:

• After Your Divorce

See our pages describing specific divorce-related topics:

• Divorce Law
• Paternity Testing
• Domestic Violence
• Property Division
• Tax Planning
• Custody and Visitation
• Child Support
• Alimony Maintenance
• Changes to Permanent Orders
• Relocation
• Legal Separation
• Settlement and Mediation