Divorce is never easy and probably the most emotional area of law. You probably don’t know what to do or where to turn for advice. You have heard all kinds of horror stories about your friends divorce and are worried that this could happen to do. Your Metro-Detroit Divorce Lawyer is here to help and set the record straight.
The first thing you need to do is speak with a lawyer. Most lawyers offer a free consultation (I do) and you can ask questions about the process and what to expect. No two divorce cases are alike and your case must be given the personal attention it deserves. The process starts with filing a complaint. This complaint details information about your divorce case, but must specifically state:
1) You resided in Michigan for 6 months and in the county you are filing at least ten days before filing the complaint;
2) Whether there are children of the marriage;
3) Whether the wife is pregnant;
4) And there "has been a breakdown in the marriage to the extent that the objects of matrimony can no longer be preserved and there is no hope of reconciliation.
Then your spouse must be served with the complaint. If they are served by personal service, then they have 21 days to file an answer. If they were served via mail, they have 28 days to file an answer. If an answer is filed, the court will schedule a Status Conference to facilitate a resolution to property division, child support, parenting time, etc. If no answer is filed, then you are entitled to a default judgment.
If you have children, there is a six month waiting period from the time the complaint is filed before a Judgment of Divorce can be entered. In some cases, the judge may enter a judgment four months after the complaint is filed.If there are no children, then a judgment cannot be entered until sixty days have passed from the filing of complaint.
This is just a a basic overview of the process. If you have more questions, please call your Metro-Detroit Divorce Lawyer at (586) 439-4297, Extension 0, and set up your free consultation. I will review your situation and learn your goals and explain to you the best route to get through the divorce process.