By: Robert J. Stelmock, Divorce Attorney & Mediator at Stelmock Law Firm, PC
Divorce in Michigan
As a Canton Michigan divorce attorney, I inform clients that even though all divorces in Michigan are different, a Divorce in Michigan has some common elements. This may include filing of the following documents, Summons, Compliant, Uniform Child Custody Jurisdiction Enforcement Act Affidavit, Verified Statements, Record of Divorce, Orders and Ex-Parte Orders:
The summons notifies the other spouse that he or she is being sued and has 21 days (28 days if served by mail) to respond. If the other party does not respond then a default may be taken.
The complaint states the names of the parties, where, when, and by whom they were married, names and birthdays of any minor children, wife’s and husband’s name before marriage, length of residence in county and state, date of separation, grounds for divorce, a statement as to property and debts, and the relief requested. Michigan law mandates that a party must reside in Michigan for 180 days and in the county where suit is started for at least 10 days prior to the date of filing.
- Affidavit of Service and Return of Service is filed when service is made.
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit.
The Uniform Child Custody Jurisdiction Enforcement Act Affidavit alerts the court about where the children have resided in the past five (5) years and that no custody action is pending regarding the children. In order to have jurisdiction to award custody, the children must have resided in the state for at least the past six (6) months.
- Verified Statement to the Friend of the Court.
This document informs the Friend of the Court, (FOC) of the essential facts such as names, addresses, employers, incomes, social security numbers, etc. If the parties will elect to “opt-out” of the FOC system, this is not required, but a motion must be filed.
- Record of Divorce.
This is a statistical record required by the state. The Record of Divorce must be filed with the Judgement of Divorce.
- Motions for Injunctions / Orders.
Sometimes a spouse may be concerned that upon learning of a pending divorce action, a spouse will secrete assets. Sometimes attorneys file motions to preserve the status quo to prevent dissipation of assets. If you have any reason to believe that you may need a status quo order, you will want to tell your attorney your concerns. Stelmock Law Firm, PC will explain this procedure to you in detail and ask if you want an Injunction or Ex-Parte Order.
Ex Parte Orders.
Motions to preserve the status quo are sometimes filed to ensure that the children’s residence is not changed prior to entry of a temporary custody, parenting time, and support order. Such motion must be verified by oath or affidavit. A temporary injunction or order, may be issued restraining a party from selling, disposing or dissipating assets. Other types of injunctions may be requested.
Your specific situation may be somewhat different from the norm; please call, 734.927.9782, the Canton Michigan Divorce Attorneys and Canton Family Law Lawyers at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton, Michigan 48187.