does anyone have a lawyer program? is there a divorce guide for michigan? If so, could you send me the papers?

Question

For a divorce with minor children, uncontested in Michigan.

Answer 1

come on now you can look it up on your p/c. just look up divorce in your town. you may get all the papers you need to do it with out a lawyer. just filing fees. and if Thais no contest it will out good for you and fast. all you have to do is bring the papers to the judge and he will give it to you

Answer 2

I have went through a divorce in Michigan, and my sister is now starting the process. I would not rely on the Internet or a "program" to get info because every divorce needs to be evaluated by a lawyer on its own merit. It is well worth going to a lawyer for a consultation about YOUR list of concerns. Some lawyers do this for free, some charge a small fee. If you are near the Detroit area, there is a law firm that offers free seminars on women and divorce. I went and found it very informative. The law office is located in Birmingham Michigan, and is called the law office of VICTORIA.
The have a web site, or you can call information, get their number and call them direct. The more TRUE legal advise you get the better perpared you will be. You have so many rights, make sure you know what they are. Once the divorce is final, there is NO going back and fixing mistakes. Get it right the first time.

Answer 3

i dont...sorry

Answer 4

Michigan is known as a “no fault” divorce state; however, the words, “no fault” may be misleading. If the parties reach a final settlement on all issues, fault is not a factor. If there is a dispute as to alimony (a/k/a spousal support), property, support, visitations, or custody, fault may become an active ingredient in resolving these issues. That is the reason your attorney may go over with you the indiscretions of the parties.

Michigan has only one element of proof necessary to obtain a divorce which is as follows: “There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

Depending on the court, some judges require a detailed showing of the marital breakdown; i.e., proof that the matrimonial objects have been destroyed and there is no chance for reconciliation. Other judges may require only a brief recitation of the facts or merely an assertion that your marriage is dead, and you will never live with your spouse as Husband and Wife.

In Michigan, the law also allows for Separate Maintenance actions which are generally seldom filed. The procedure is relatively the same as in a divorce matter, except that neither party may remarry. Further, the law provides that if one party institutes a Separate Maintenance suit, and the other party files for divorce, the court will only consider the case as a divorce matter and cannot enter a Judgment of Separate Maintenance. If you have more specific questions about Separate Maintenance, please contact the Law Office of Neil A. Davis, PLC.

Michigan also provides for Annulment proceedings which will invalidate a marriage. Marriages may be void from the inception, or are voidable depending on the circumstances. The grounds include incapacity to marry such as insanity, bigamy, underage parties, or any type of fraud that goes to the heart of the marriage. Parties desiring an annulment must not cohabitate after having discovered the impediment to the marriage. If you have more specific questions about Annulment, please contact the Law Office of Neil A. Davis, PLC.

DIVORCE PROCEDURE

Introduction To Important Documents

The initial filing of a divorce case may include the following documents:

1. Summons. This document notifies the other spouse that a suit has been started and he or she has 21 days, if personally served in Michigan, to respond or default may be taken (28 days of served by mail or outside of Michigan).

2. Complaint. The Complaint begins the divorce and states the names of the parties, where and when you were married, names and birthdays of children (if any), 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, whether the wife is pregnant, statements concerning the child or children’s living quarters during the past five years and that no custody action is pending regarding the child or children (not required if no minor children) and the relief requested. A party must reside in Michigan for at least 180 days and in the county where suit is started for at least 10 days.

3. Verified Statement to the Friend of the Court. This document is necessary for cases involving minor children or requests for spousal support and informs the Friend of the Court of the essential facts necessary their services.

4. Record of Divorce. This is a statistical record required by the State. Some courts require this document to be filed at the same time as the compliant. Others require it be filed upon conclusion of the divorce.

5. Injunctions. Injunctions are only requested when needed to restrain your spouse from committing certain acts, including dissipation of assets during the pendency of the divorce. Your attorney will explain this procedure to you in detail.

6. Ex Parte Orders. Some orders may be obtained ex parte (without a hearing) and upon filing of the Complaint for things such as temporary custody, support etc. An objection timely filed to the ex parte order will negate the effectiveness of the Order until a hearing on the matter. Whether such orders are granted ex-parte will depend largely on the court and judge assigned to your divorce.

7. Filing Fees. To start a divorce action in the State of Michigan, a filing fee in the amount of $150.00 must be paid to the court clerk at the time of filing the Summons and Complaint. An additional $80.00 is required if there are children. There may also be a cost for serving the divorce papers on your spouse and for entry of the final divorce judgment. During the pendency of the divorce, there may be other costs for services from appraisers, actuaries, accountants, depositions, etc. Your attorney will advise you of all costs before any of these expenses are incurred.

8. Motions. During the divorce action, you may find it necessary to ask the court for interim relief which will require a hearing. Such relief may be to compel such things as parenting time, return of marital assets or for child or spousal support. When such a need arises, you will need to file a Motion along with a $20.00 fee and a request for a hearing from the court. The day of the week in which your Motion will be heard will depend on which county your divorce is filed in.

Starting a Divorce Action

The Plaintiff is the party who starts the lawsuit and the Defendant is the person against whom the suit is filed. All proceedings in the divorce matter are finally resolved by the Circuit Court in which the case is started. The Friend of the Court is an arm of the court which is used to assist the Court. They usually make recommendations as to spousal support, child support, custody and visitation rights. They also will assist with alimony and support payments through the Michigan State Central Distribution Unit that is now used to distribute most spousal and child support payments. The Friend of the Court may also seek enforcement of court orders dealing with support, visitation rights and spousal support. The court may also use the Friend of the Court for other miscellaneous duties. For additional information regarding the role and duties of the Friend of the Court, see Friend of the Court Handbook.

After the Complaint and Summons is served, the Defendant may file an answer to the Complaint, which is, in effect, a paragraph-by-paragraph response to the Complaint. Once the answer is filed, the case is contested. If no action is taken by the Defendant, your attorney will enter an order of default, indicating Defendant’s lack of response, and the matter then becomes an uncontested divorce case. The Defendant may desire not only to answer the Complaint, but desire to file his or her own Complaint. This is known as a Counter-Claim and this must then be answered by the Plaintiff.

A divorce cannot be granted in less than 60 days. Where there are minor children the parties must wait 6 months. However, the 6-month period may be waived upon a proper showing of circumstances, warranting same. No divorce is granted without a court hearing as to the truth of the statements made in the Complaint.

Temporary orders for custody, child support, spousal support, mortgage payments, medical payments, parenting time, injunctions, and other relief may be requested at any time during the time you start your case and a Judgment of Divorce is entered. The court may also award temporary attorney fees to a party to assist them with the costs of obtaining counsel. This is usually obtained in the same was as any other motion and may be part of a motion requesting other relief.

During the Pendency Of The Divorce

This period is usually spent in defining the issues and trying to resolve them. Attorneys will also attempt to find the net worth of the parties and the general financial status of the family. Interrogatories may be sent out requiring answers under oath from the recipient, which may in party, request complete financial data. Depositions may be taken (with the consent of the client) to obtain further information from the other spouse or those that have e the needed information. Appraisers, actuaries (to value any pensions), accountants or behavioral specialists may also be used depending on the issues and the client’s consent. After this discovery is obtained, you and your attorney will set the goals you wish to obtain and discuss a possible resolution of the case.

Many times when settlement proves difficult, the parties may agree or the court may appoint a mediator to help resolve the matter or assist in an eventual settlement. If no agreement is reached, the mediator makes a recommendation that is not binding on the Court. In some instances, the parties may agree to arbitrate their case. If this occurs and arbitrator is appointed who basically acts as a judge and his recommendation, after hearing all the evidence, is binding on both parties.

In some instances the attorneys may call a meeting, with both husband and wife present, and try to resolve as many issues as possible. This is a voluntary process, and either party may decline to attend. If settlement is reached, the parties will be asked to sign a property settlement form containing all the provisions of the settlement. Further, the parties will be required to have the Judge approve the settlement in open court.

Judgment

The Judgment of Divorce is the most important document you will receive. After a settlement is reached and/or the case is tried, the Judgment of Divorce will be entered by the court, as your final decree, granting you a divorce. It will also contain clauses dealing with such matters as spousal support, child support, child custody, parenting time, insurance, dower rights, property settlement, pensions, attorney fees and other miscellaneous clauses. If a settlement has been reached it is important to carefully read and examine this Judgment and have your attorney fully explain it to you before you approve it as the language of the Judgment will control any future arguments or disputes that may arise.
SPOUSAL SUPPORT

Spousal support is a sum of money usually paid by one spouse to another spouse for his or her support and maintenance. The factors considered by the court in awarding alimony are as follows:
1. Past relations and conduct of the parties (fault)
2. Length of the marriage
3. The ability of the parties to work
4. The source and amount of property awarded to the parties
5. Age of the parties
6. Ability of the parties to pay spousal support
7. Present situation of the parties
8. Needs of the parties
9. Health of the parties
10. The prior standard of living of the parties and whether either is responsible for the support of others
11. General principles of equity

Generally, Judgments of Divorce in which spousal support is granted must either expressly reserve the question of spousal support or rule that neither party is entitled to spousal support.

Regular or periodic spousal support clauses in the Judgment of Divorce are modifiable at any time. When limitations are placed in the Judgment regarding modification, it is questionable whether or not these limitations will be honored by the court. Spousal support may be raised, lowered, or cancelled. A modification is based upon a showing of a change in circumstances, which would warrant a modification.

Regular or periodic spousal support is usually taxable to the recipient, and is deductible by the payor. This type of support is not subject to bankruptcy action. It may also have qualifying clauses such as “payable until remarriage.”

Another type of spousal support is referred to as “alimony in gross.” This type of spousal support has all the attributes of a property settlement; however, it is not taxable to the recipient and is not deductible by the payor. This type of support is also not modifiable and is for an amount certain. In determining whether a Judgment of Divorce provides for Periodic Spousal Support or Alimony in Gross, the court will generally look to the intent of the parties. There are many tax consequences and restrictions in regard to spousal support which should be discussed with your attorney or accountant.

Spousal support is usually paid through an income withholding order served upon the payor’s employer. This enables a party to obtain an accurate record of these payments and makes it easier to request assistance from the Friend of the Court in the event payments are not forthcoming, or if the spouse denies receiving the payments.

Enforcement of regular or periodic spousal support payments is usually instituted by an Order to Show Cause. The procedure should be discussed with your attorney.

In regard to health care provisions included within a Judgment of Divorce, your attorney will explain to you, upon request, your options, including your right, if applicable to elect COBRA Health Care.



COMPLAINT FOR DIVORCE

STATE OF MICHIGAN, _________________, JUDICIAL CIRCUIT, ______________ COUNTY

In re: the Marriage of

_______________________________
Plaintiff

and

_______________________________
Defendant )
)
)
)
)
)
)
)
)
_______________________________
Docket No.


The Plaintiff, _______________________________, respectfully declares the following:

1. Plaintiff's Residence: Plaintiff resides at ____________________________________________________________________ [insert Plaintiff's address] and has been a resident of the State of Michigan for _________ [insert period of residence in months and years].

2. Defendant's Residence: Defendant resides at ____________________________________________________________________ [insert Defendant's address] and has been a resident of the State of Michigan for _________ [insert period of residence in months and years].

3. Marriage: On ______________________, _____, in __________________ (city), __________________ (county), __________________ (state), the Plaintiff and Defendant married. An official copy of the marriage license is attached to this COMPLAINT FOR DIVORCE.

4. Jurisdiction: This Court is that of proper jurisdiction to hear this cause. The Defendant has agreed to file an Affidavit of Consent in this cause. Neither the Plaintiff or Defendant has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.

5. Grounds for No-Fault: Plaintiff wishes a dissolution of marriage with Defendant based on the following grounds:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the State of Michigan. Sufficient basis for a no-fault divorce within Michigan is limited to the following: A breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed, and no reasonable expectation exists that the marriage can be preserved.

6. Marital Settlement Agreement: Plaintiff and Defendant ___________ have (copy attached) ___________ have not entered into a Marital Settlement Agreement.

7. Other Declarations:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

NOW, THEREFORE, Plaintiff requests that the court order a JUDGEMENT OF DIVORCE and such further relief as Plaintiff may have requested herein.


Verification

I, ______________________________________________[name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing COMPLAINT FOR DIVORCE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it.


_____________________________________________ _________________
Petitioner's Signature Date


_____________________________________________
Petitioner's Address, Line 1

_____________________________________________
Petitioner's Address, Line 2


Subscribed and sworn to before me on this ____ day of __________________, 20_____.


__________________________________
Notary





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AFFIDAVIT OF CONSENT

STATE OF MICHIGAN, _________________, JUDICIAL CIRCUIT, ______________ COUNTY

In re: the Marriage of

_______________________________
Plaintiff

and

_______________________________
Defendant )
)
)
)
)
)
)
)
)
_______________________________
Docket No.


1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the _________ day of __________________, 20____.

2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed.

3. I, _______________________________, have received a copy of the COMPLAINT FOR DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a JUDGEMENT OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the COMPLAINT FOR DIVORCE.

4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a JUDGEMENT OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.

5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it.



_____________________________________________ _________________
Signature Date


_____________________________________________
Address, Line 1

_____________________________________________
Address, Line 2


STATE OF MICHIGAN
COUNTY OF ________________

Subscribed and sworn to before me on this ____ day of __________________, 20_____.


__________________________________
Notary