How to Contest a Divorce in the State of Michigan

By Michael Butler

If your spouse filed for divorce in the state of Michigan, you cannot contest the divorce itself as Michigan, like all other states, recognizes no-fault divorces. However, if there are issues of child custody, property division or alimony you want to contest, you can. To do so, you must act within 21 days of receiving service of the divorce petition. If you do not act within that time, your spouse might be eligible for a default judgment.

If your spouse filed for divorce in the state of Michigan, you cannot contest the divorce itself as Michigan, like all other states, recognizes no-fault divorces. However, if there are issues of child custody, property division or alimony you want to contest, you can. To do so, you must act within 21 days of receiving service of the divorce petition. If you do not act within that time, your spouse might be eligible for a default judgment.

Step 1

Prepare an Answer to the divorce petition. You can obtain an Answer form from an online document service provider. You can also draft your own form so long as the format complies with Michigan court rules. Generally, you need to include the parties' names, court name, your address and the case number. The Answer must be in at least 12 point type.

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Step 2

State which paragraphs of the divorce petition you agree and disagree with in your Answer.

Step 3

File your Answer with the clerk of the court within 21 days of receiving the divorce petition. Serve a copy of the Answer on your spouse or her attorney if she is represented.

Step 4

Attend all hearings in the case and follow all court orders. If you have children, you may need to attend a custody evaluation. If you and your spouse disagree on property, assets or alimony, you may need to attend a meditation conference.

Step 5

Go to the final divorce trial, if there is one, and present your position to the court.

Divorce is never easy, but we can help. Learn More
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References

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