Mi Divorced

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.

You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first. In deciding when to file you don't need to worry about a reason.

If you post the divorce documents, your spouse must sign and return to you the Acknowledgement of Service (Divorce) as proof of service. You will need to file this document at the court. If you post the documents but do not get the Acknowledgement of Service (Divorce), you must try to serve your spouse in another way.

Your spouse does not need to sign it. The terms of the divorce will be those laid out in the original divorce complaint, as long as those terms comply with Michigan law. For example, parenting arrangements must be in the children's best interests, and the division of marital property must be equitable.

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

In Michigan, you may be relieved to know, the short answer is no. If one spouse wants a divorce, the other spouse cannot prevent it. If your spouse refuses to participate in the process, your divorce can be finalized within a matter of months.

California is a no-fault state when it comes to divorce or legal separation. It does not matter if you are filing for divorce because your spouse cheated on you, or because you just don't get along anymore.

You or Your Spouse Must Be a Resident Either you or your spouse must have lived in Michigan for at least the last six months before filing. You must file your divorce in circuit court in the county where either you or your spouse has lived for at least ten days before filing.

You answer the divorce petition to let the court know your position in the divorce case.If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the divorce.