How to File for Divorce in Wayne County, Michigan

By Kay Lee

Michigan is one of 14 pure no-fault divorce states. This means that the only ground for divorce is an irretrievable breakdown of the marriage. Most states allow an individual to file for divorce under no-fault grounds, but if the non-filing party contests the divorce, the party seeking the divorce must prove that there are grounds for the divorce under state law. Grounds for divorce vary from state to state. Divorce in Michigan can be finalized within six months provided a property settlement is achieved. The process for obtaining a divorce varies slightly if there are children involved in the marriage.

Step 1

Establish your residency in the state of Michigan and in Wayne County, as it is required to file for divorce. Residency is established once you have lived in the state for at least 180 days. To file for divorce in Wayne County, you must have lived in the county for at least 10 days.

Step 2

File the Complaint for Divorce and pay the filing fee at the Wayne County Civil Court. The complaint is the document in which the person seeking the divorce states her case. Simply assert that there has been an irretrievable breakdown in the marriage and there is no reasonable likelihood of reconciliation between the parties. The fee varies according to whether children are involved. An online legal document preparer can help with filling out the Complaint.

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

Step 3

Execute a Verified Statement if you have minor children in the marriage that you are seeking to terminate. If you have children, you may also wish to file an Ex Parte Order seeking temporary custody while the divorce is being heard by the court and until a permanent child custody arrangement can be agreed upon or ordered by the court. Your spouse will have 14 days to file objections to an Ex Parte Order.

Step 4

Have the divorce papers served on your spouse. These include a copy of the Complaint for Divorce as well as a Summons issued by the court clerk. It is advisable to use a process server, sheriff or court officer to ensure that the service of process meets all state laws. Wait 21 days to see if your spouse files an answer to the Complaint for Divorce. If your spouse does not respond, that is considered a default by the court and the issues raised in the complaint are deemed to be uncontested.

Step 5

Disclose all of your assets and request the same of your spouse through the discovery process if your spouse responds to the Complaint for Divorce. This process allows the court to determine how to proceed with the property settlement, which the couple should be trying to negotiate on their own.

Step 6

Attend the required mediation to reach a settlement without going to trial, if possible. If mediation does not produce a settlement, the parties will go to trial in order for the court to determine a settlement.

Step 7

Wait for the Judgment of Divorce to be granted by the court. The Wayne County judge will issue a judgment either after a trial or once the parties have reached an agreement through mediation. The judgment officially terminates the marriage.

Divorce is never easy, but we can help. Learn More
Steps to Filing for Divorce in Pierce County, Washington


Related articles

Step-by-Step Instructions for Filing a Divorce in Kentucky

When you file for divorce in Kentucky, you must decide whether to hire an attorney or complete the divorce documents on your own. Consider whether you have the ability to reach a settlement with your spouse and if you can complete the divorce paperwork without professional help. If you need help with the documents, legal document service providers offer personal assistance to complete the appropriate forms.

How to File Separation Papers

Married people decide to file separation papers for many reasons. Some couples want a cooling off period when they are having marital problems. Some see separation as a prelude to divorce. Others choose separation as a permanent arrangement. The primary difference between separation and divorce is that the separated spouses are not free to remarry. The laws on separation vary from state to state, but the process is similar.

How to Contest a Divorce in the State of Michigan

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.

Get Divorced Online

Related articles

Fast Do it Yourself Uncontested Divorce Papers

A contested divorce can be a messy, expensive and drawn-out process. If you and your spouse agree on issues such as ...

How Do I File for Divorce in Oregon?

In Oregon, divorce is called dissolution of marriage. Either spouse can file for dissolution and must do so in ...

How to Serve Divorce Papers Under Massachusetts State Law

Divorce is the termination of a marriage by court order. The person who wants a divorce starts a court action that ends ...

An Uncontested Divorce in Kansas

Although an uncontested divorce may be less stressful and time-consuming than a contested divorce, you must ensure that ...

Browse by category
Ready to Begin? GET STARTED