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Filing a complaint for divorce signifies formally starting the legal process to end a marriage. This document outlines the grounds for divorce and requests the court's intervention to resolve any related matters, such as alimony or property division. In Michigan, the complaint initiates a legal action, and it is essential to understand the implications of this step in the divorce process. By filing a Michigan Complaint for Divorce, you begin to clarify your legal standing and seek the closure you deserve.
To answer a divorce complaint in Michigan, you must file a document called an answer with the court where the complaint was filed. This document should respond directly to each allegation in the Michigan Complaint for Divorce. Ensure to provide your own version of the facts and include any defenses you may have. By addressing the claims in a thorough manner, you can establish your position in the divorce process.
Once a judge enters a default judgment against you in your divorce case, you may be able to fight the default and get a second chance to respond to the case.The court may reverse the default judgment if you petition them and support your request with proof of mistake or another issue.
There is one advantage to being the one to file the divorce. The person who files the divorce, under the code of civil procedure, is called the plaintiff and the other party is called the defendant.Another advantage to being a plaintiff is the way a non-suit is handled under the code of civil procedure.
From a legal perspective, it generally does not matter who files for divorce first.Filing first creates an opportunity to present the court with various orders before your spouse is notified of the Michigan divorce proceedings. The orders are called Ex Parte, which means literally, on one side only.
However, while you cannot contest the divorce itself in Michigan, you can contest the terms of the divorce.However, custody and parenting time are one of the most hotly contested issues in divorce, and may require court intervention.