Filing An Uncontested Divorce In Michigan

How to file for an uncontested divorce in the State of Michigan without an attorney, if no minor children are involved.

It is possible to file a divorce in Michigan without hiring an attorney if the divorce is uncontested and there are no minor children involved. An uncontested divorce is one in which both parties believe they can separate and divide the property amicably. You can obtain most of the necessary paperwork from the Circuit Court in the County for which you reside. Be aware, however, the Court officials and clerks are not allowed, nor are they capable of providing any type of legal advice.

The first form to be filed is the Complaint for Divorce. The Complaint basically shows the Court your intentions and the grounds for the divorce. After filing the Complaint, you must have a copy of it served upon your spouse. By law, you cannot serve your spouse yourself. You must have a Sheriff or Process Server personally hand deliver the copy and show proof to the Court that this was done.

You and your spouse should then prepare some sort of settlement agreement, showing the division of all property and who was awarded what. Don't forget to include any investments and debts as well. If the wife is planning on taking her maiden name back, this should also be included. Once both parties have consented to all the terms of the settlement agreement, they must sign it and present it to the judge to be entered as a final decree and/or judgment.

As you can see, an uncontested divorce is far less complicated and stressful then a contested divorce. Things can become grisly when one spouse does not want the divorce, does not feel they are getting a fair property division, etc. Keep in mind that if you feel uncomfortable at any time after filing the Complaint for Divorce on your own, or if you are unsure you are getting a fair property settlement, be sure to consult an attorney. Accordingly, an attorney should always be contacted when filing a divorce involving minor children.

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