• Home
  • About
    ▼
    • About Laurie Schmitt
    • Honors and Awards
    • Inspirational Quotes
  • Divorce
    ▼
    • Uncontested Divorce
    • Collaborative Divorce
    • Mediation
    • Spousal Support
    • Spousal Support Modification
    • Annulments
    • Separate Maintenance
    • Alternative Divorce Options
  • Family Law
    ▼
    • Limited Scope Services
    • Child Custody
    • Change of Domicile
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Child Support
  • Paternity
    ▼
    • Affidavit of Parentage
    • The Michigan Paternity Act
    • How Does A Paternity Case Work
  • Blog
  • Contact
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

  • Facebook
  • LinkedIn
  • Twitter

616.608.4634

  • Home
  • About
    • About Laurie Schmitt
    • Honors and Awards
    • Inspirational Quotes
  • Divorce
    • Uncontested Divorce
    • Collaborative Divorce
    • Mediation
    • Spousal Support
    • Spousal Support Modification
    • Annulments
    • Separate Maintenance
    • Alternative Divorce Options
  • Family Law
    • Limited Scope Services
    • Child Custody
    • Change of Domicile
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Child Support
  • Paternity
    • Affidavit of Parentage
    • The Michigan Paternity Act
    • How Does A Paternity Case Work
  • Blog
  • Contact

The Divorce Process

September 27, 2022 By Laurie Schmitt

THE VERIFIED COMPLAINT FOR DIVORCE

To start a divorce proceeding, you must file a Verified Complaint for Divorce and Summons in the county where you reside. In a Verified Complaint for Divorce the party filing the divorce (Plaintiff) will be required to state the following:

  • That they have resided in Michigan for 180 days or more
  • That they have resided in the county they are filing the divorce action in for 10 days or more
  • The date, city, and state where the marriage was performed
  • Name and birth dates of children
  • Date of separation (if no longer living together)
  • Identify any other county or state that has jurisdiction over the children
  • Identify any other county of state that the party has another child custody proceeding in
  • Identify any person not a party to the divorce who has physical custody of the children or claims legal or physical custody or parenting time rights with the children
  • List any information that could affect a child custody proceeding, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption in any state
  • A claim for spousal support (if you are requesting spousal support from your spouse)
  • A claim for attorney’s fees (if you are requesting your spouse pay for your attorney’s fees)
  • And that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved”

The Verified Complaint for Divorce will be signed by the Plaintiff, in front of a notary public. 

FILING THE DOCUMENTS WITH THE CLERK OF COURT

Divorce Process

Once the Plaintiff has reviewed and signed the Verified Complaint for Divorce, the Verified Complaint for Divorce and Summons is filed with the clerk of the court, and the Summons is issued. At the time of filing, there will be a filing fee paid to the clerk of the court. This filing fee varies (a divorce with no minor children is less to file than a divorce with minor children).

THE SUMMONS

The Summons is a document that is filed with the Verified Complaint for Divorce and served on the Defendant (responding party to the divorce). The Summons notifies the Defendant that an action has commenced against them and sets forth the time limits within which the Defendant must file an answer. 

The Summons also identifies the date the Summons was issued and the expiration date of the Summons. If the Summons is not served on the Defendant before the expiration date, the Summons is no longer valid.

SERVICE OF THE DIVORCE DOCUMENTS

After the Verified Complaint for Divorce has been filed with the clerk of the court, and the Summons has been issued, both documents must be served on the Defendant. Service can be in person (voluntary or by a process server) or by mail. 

TIME LIMITS FOR DEFENDANT TO FILE AN ANSWER

After the Defendant is served with the Summons and Verified Complaint for Divorce they will have:

  • 21 days to file a written answer with the court – if served personally
  • 28 days to file a written answer with the court – if they were served by mail or served outside of the state

AFFIDAVIT OF SERVICE

After the Defendant has been served, the Plaintiff must prove to the court that the Defendant has been served with the Verified Complaint for Divorce and Summons.

The Plaintiff “proves” to the court service has been completed by filing an Affidavit or Service with the clerk of court. The Affidavit of Service shows the court the name of the person who served the Defendant, as well as the date, time, and location of service of the Defendant. 

If the Defendant accepted service voluntarily, an Acknowledgment of Service must be completed and filed with the court. 

DEFAULT

After the Verified Complaint for Divorce and Summons are served on the Defendant, they must file an answer with the clerk of the court within specific time limits (see “Time Limits for Defendant to File an Answer”). If the Defendant fails to file an answer within the time allowed, a default will be entered against them. After the default has been entered by the court, the Plaintiff can proceed with the divorce case, and request the court for a default judgment to be entered (after the required statutory wait period).

WAITING PERIOD

Michigan law establishes waiting periods depending on the individual circumstances.

If you do not have minor children of the marriage: There is a two-month waiting period after the filing of the Verified Complaint for Divorce has been filed.

If you have minor children of the marriage: There is a six-month waiting period after the after the filing of the Verified Complaint for Divorce has been filed.

A Judgment of Divorce cannot be entered earlier than these established times.

GRAND RAPIDS DIVORCE COLLABORATIVE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

If you need to know more about a Michigan divorce, including how to file for a divorce, contact an experienced attorney, Laurie Schmitt at Schmitt Law, PLLC. Schedule your consultation today with a dedicated attorney. We look forward to speaking to you and being your advocate during this crucial time in reframing your life. Contact Schmitt Law, PLLC online or call (616) 608-4634 to arrange a consultation.

Filed Under: Collaborative Divorce, Divorce Tagged With: Collaborative Divorce, Divorce, Process

Primary Sidebar

Categories

  • What Is The Process For An Uncontested Divorce In Michigan?
  • I Can Handle My Divorce Without An Attorney
  • What Is An Uncontested Divorce? Here Is Everything You Need To Know
  • The 4 Biggest Roadblocks to Negotiating a Fair and Equitable Divorce Settlement
  • Is Mediation or The Collaborative Process Right For You?
  • How Can We Help?
    616.608.4634

Footer

  • Facebook
  • LinkedIn
  • Twitter

Laurie K. Schmitt
Attorney, Mediator, and Collaborative Lawyer

401 Hall Street SW
Suite 112D
Grand Rapids, MI 49503

Phone: 616.608.4634

Visa and MasterCard Accepted
Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.

Disclaimer

Member in Good Standing - 2023 - Collaborative Practice Institute of Michigan

Copyright © 2025 Laurie Schmitt Law, PLLC - All Rights Reserved.


Home | About Laurie Schmitt | Honors and Awards | Divorce | Uncontested Divorce | Collaborative Divorce | Mediation | Spousal Support and Modification | Annulments | Separate Maintenance | Alternative Divorce Options | Family Law | Limited Scope Services | Child Custody | Change of Domicile | Post Judgement Modification | Enforcement of Court Orders | Child Support | Paternity | Affidavit of Parentage | The Michigan Paternity Act | How Does A Paternity Case Work | Blog | Contact