Common Questions Regarding DivorceSelect from the questions below if there is a topic or issue you are having questions about that you do not see listed here, call us at (616) 608-4634 or feel free to contact us online.
Neither party may move out of the State of Michigan with the children unless the other parent (1) consents to the move, or (2) the parent seeking to move with the children obtains a court order granting the move. See change of domicile for further information regarding this subject.
On the onset of the divorce, either party may file a motion to establish temporary custody, parenting time, and child support. This Order will remain in effect until the Court issues a new Order, or until the Judgment of Divorce is signed.
You should note that if you have been personally served (someone handed you the documents), you have 21 days to file an answer with the clerk of the court. If you were served by mail or served outside the state, you have 28 days to file an answer with the clerk of the court.
If you have minor children of the marriage, there is a six month wait period before your divorce may be complete. If there are no minor children of the marriage, the wait period is two months.
The filing fee for a divorce is as follows:
If there are children of the marriage: $255.00
If there are no children of the marriage: $175.00
Should your case require motions to be filed, there is a $20.00 filing fee for each motion. If more than one motion is filed on the same day, there is only one fee of $20.00.
Service of Process is $26.00 plus mileage from the courthouse. You should expect the cost of service to be approximately $30-50.00.
Residency requirements for M?
Are there residency requirments to obtain a divorce in the State of Michigan? Yes. You must meet the residency requirements before you may be granted a divorce in the State of Michigan.
The relevant statute, MCL 552.9 provides as follows:
(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.