The first step in the divorce process is to file a divorce petition. Even if both spouses agree to a divorce, one must file a divorce petition with the court to begin the process of terminating the marriage. This person is known as the petitioner, and the other spouse is referred to as the respondent.
The parties involved cannot formally serve divorce papers because they clearly have an interest in the outcome of the litigation, and hence are not to be trusted with a procedural pre-requisite such as service. Also, in a lot of states, only law enforcement or licensed process servers can serve documents.
A divorce begins with a written legal document called a complaint. The person who files is the “Plaintiff” and the other spouse is the “Defendant.” The divorce complaint is filed with the Family Division of the Circuit Court in the county where the parties reside and assigned to a family court judge randomly.
You do not have to have a lawyer in a divorce case, but representing yourself in a divorce is not always easy. Consider talking with a lawyer about your rights and options even if you decide not to hire one. The more complicated the issues in your divorce are, the more important it may be to have a lawyer.
An uncontested divorce, where both parties agree on all terms, is the fastest and least expensive way to dissolve a marriage in Michigan. The process can move swiftly without the need for contentious court battles over assets, custody, or support.
A divorce case begins when the Plaintiff files a summons, a complaint, and other required papers with the court. You can prepare the forms you need with the Do-It-Yourself Divorce tool.
You can do whatever you want, but without a lawyer, there is no one to advocate for you or to protect your rights. When a divorcing couple can agree on marital assets being shared and there are NO children, and no other support requested, a lawyer isn't necessarily needed.
Some methods for terminating alimony payments in Michigan include: Show your spouse has remarried — State law says you can ask the courts to terminate your alimony payments if your spouse has remarried. Ask for a termination date in your divorce decree — You should not have to support your ex-spouse forever.
The following tips are standard to eliminate or reduce the alimony amount the Court could order. Negotiate an agreement with your spouse. Prove Your Spouse Does Not Need Financial Assistance. Demonstrate a change in circumstances. Promote your spouse's ability to self-support. Prenuptial or Postnuptial Agreements.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.