I was just served with divorce paperwork, what do I do?

by ·Comments Off on I was just served with divorce paperwork, what do I do?

If you received divorce paperwork you should have received a document called a “Summons and Complaint”, form MC 01 (at the bottom).  Read this form carefully.  This form will tell you how many days you have to file an “Answer” to the Complaint for Divorce.

You have 21 days after receipt of the Summons to file an Answer if you were served by way of personal service.  If you were served by mail, you have 28 days to file and Answer, or take other legal action.  You must file an Answer (possibly multiple copies) with the court and serve a copy on the other party, or the other party’s attorney.

If you do not file an Answer you are subjecting yourself to be in default.  A judgment may be entered against you in favor of the other party’s requests. You are also subjecting yourself from being precluded from participating in the divorce action.

Divorce: Servicemembers and their Domicile.

by ·Comments Off on Divorce: Servicemembers and their Domicile.

A person can file for a divorce in Michigan if Michigan has personal jurisdiction over the parties and the matter.  That is, Michigan has to have the power to exercise their judgment (authority) over the parties.

In order for a party to be able to file a divorce in Michigan, one party must have resided in Michigan for 180 days immediately preceding the filing of the complaint for divorce and must have resided in the county in which the divorce is to be filed for at least 10 days preceding the filing.

For servicemember’s, the resident of the servicemember may be different from the place where the servicemember is stationed or the servicemember’s home of record.  In fact federal law allows a servicemember to retain his/her legal residence at the time the servicemember entered into military service.  Nevertheless, depending on the servicemember’s action and intent, the servicemember may have indeed changed his/her domicile.  However, in order for a servicemember to change his/her domicile the servicemember must show unequivocal intent to abandon his/her domicile and retain a new one.

Can my spouse and I hire the same attorney to represent both of us in the divorce?

by ·Comments Off on Can my spouse and I hire the same attorney to represent both of us in the divorce?

Attorneys are bound by the Michigan Rules of Professional Conduct (MRPC).  MRPC 1.7 discusses the rule regarding a conflict of interest.  In reality, may a lawyer be able to represent a couple who comes to the office already in agreement as to all of the issues of a divorce, possibly. This occurs in very limited circumstances. Nevertheless, if the agreement of the parties begins to unravel, the attorney should remove herself/himself from representing either party any further.   By virtue of meeting with the couple the attorney may have inevitably gained information about one spouse which may be directly adverse to the position of the other spouse.  An attorney who has retained knowledge should therefore not represent either spouse if the parties’ prior agreement begins to unravel.

On the other hand, one party can form an attorney-client relationship with an attorney whereby that attorney, though acting on behalf of that client, does indeed help the parties effectuate an amicable divorce.  This allows the couple to meet with the attorney together to express their wishes in this joint collaboration.  An attorney can draft all legal documents according to the wishes of the couple.   An attorney–client relationship is formed with one only one spouse, yet the parties have an agreed upon dissolution of their marriage.

Can a divorce be amicable?

by ·Comments Off on Can a divorce be amicable?

Absolutely.  There are those couples who can amicably resolve a divorce, even when there are children involved.  In fact, it happens quite often.   In these circumstances, the parties would like to remain friends or at least not part as enemies. The financial advantage is that these parties can save some court costs and attorney fees if they are able to reach an agreement on their own.

Though it is possible to have an amicable divorce, parties may want to consider discussing their legal options with an attorney.  The parties may also consider having an attorney draft the Judgment of Divorce or other important legal documents.

Where do I file for Divorce?

by ·Comments Off on Where do I file for Divorce?

If you have been a resident of the State of Michigan for at least 180 days and a resident of a County for at least 10 days, then you can file for divorce in the County in which you reside.

I filed for divorce, now what do I do?

by ·Comments Off on I filed for divorce, now what do I do?

Now, you need to serve the Defendant (your spouse).  Service can be made by the following:  personal service, by registered, certified mail, or by acknowledgement.  If you served the Defendant by registered, certified mail this means the Defendant has signed the “green card” (Post office form 3811) and this card has been returned to you.  If you served the Defendant by way of acknowledgement, this means the Defendant has signed the “Acknowledgement of Service” on the second page, or the reverse side, of the Summons.

Once service has been complete, make several copies of the proof of service, keep one for yourself, and submit the other copies to the court.   If you serve the Defendant by way of registered, certified mail, you will also need to send the “green card” (Post office form 3811) to the court.

 

How do I file for Divorce?

by ·Comments Off on How do I file for Divorce?

A divorce begins by one party filing a “complaint” in the circuit court where he/she resides.  Call your local court where you live, the court may have pre-generated forms that you can use to file your divorce.  If there are minor children who will be involved in your divorce process, then you may have several other forms that are required to be filed by the court.   If there are no children involved in your case, then your case code is “DO.”  If there are minor children involved in your case, the case code is “DM.”

There is also a required fee that must be filed to initiate a divorce complaint.  In order to file a divorce in Michigan when minor children are involved, a fee of $230.00 must be paid to the Circuit Court.  If there are no minor children at issue in the divorce, then the statutory fee is $150.00.  Check with your county in regards to this fee.  Some counties, such as Ingham County for example, take the $230.00 up front at the initial filing of divorce while other counties, such as Eaton County and Clinton County, take $150.00 at the time the divorce is filed and another $80.00 at the time the divorce has finalized.