Overview of Divorce Process
The first step in the legal process of your divorce is to file a complaint for divorce with your county’s courthouse. The complaint will request a judgment of divorce between you and your spouse, including a paragraph describing a sufficient legal basis for divorce as recognized by the laws of the State of Michigan. The most commonly cited basis for a divorce within Michigan is that there has been a breakdown of the marriage relationship to the extent that the substance of matrimony has been destroyed and no reasonable expectation exists that the marriage can be preserved.
There are filing fees associated with the complaint. Generally speaking, they amount to approximately $230.00, depending on where the complaint is filed. After the complaint is filed, if no children were born during your marriage and no child is expected, you have a waiting period of at least 60 days before your divorce can be final. If you have children that were born during your marriage or one is expected, you have a waiting period of at least 180 days after you file for divorce before your divorce can be final. In some instances, the court may set aside these minimum waiting periods if it can be shown that there is no chance of reconciliation and both spouses agree to all terms of the settlement. If you and your spouse are fighting over anything in the divorce, it may take longer than the minimum waiting period before your divorce can be finalized.
After filing the complaint, we will request an affidavit or send interrogatories to the opposing party regarding the children, assets, liabilities, and expenses. Interrogatories are written questions designed to discover key facts about the opposing party’s case. In addition we recommend that you to begin keeping a log or a general diary about anything specific pertaining to your divorce.
When appropriate abd with the goal of reducing the stess associated with family law matters, the attorneys at Elkouri Heat will seek to resolve issues through mediation, in order to facilitate a successful outocme reached through consensus and resolution. However, recognizing that negotiations can stall, therby making mediations no longer an optionm Elkouri Heath’s experienced litigators offer zealous, respectful advocacy on behalf of the client for an optimal settlement or trial outcome, if necessary.