In this multi-part blog series “What are the steps of a divorce” we will discuss the process of a divorce from the start to finish.
PREPARATION OF THE INITIAL DOCUMENTS
THE VERIFIED COMPLAINT FOR DIVORCE
To start a divorce proceeding, you must file a Verified Complaint for Divorce in the county where you reside. In a Verified Complaint for Divorce the party filing the divorce is known as the Plaintiff.
If you are filing the divorce action you will be required to state the following:
- You have resided in Michigan for 180 days or more
- You 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 you, in front of a notary public.
THE SUMMONS
In every divorce filing you will be required to file a Summons.
The Summons is a document filed with the Verified Complaint for Divorce and served on the Defendant (responding party to the divorce). The Summons notifies the Defendant 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 If the Summons is not served on the Defendant before the expiration date, the Summons is no longer valid.
This document is filed with the court at the time you file your Verified Complaint for Divorce.
IF THERE ARE MINOR CHILDREN OF THE MARRIAGE
If you have minor children of the marriage, you will be required to complete a Verified Statement and Application for IV-D Services and Uniform Child Custody Act Affidavit. These documents are filed with the court at the time you file your Verified Complaint for Divorce.
RECORD OF DIVORCE
This document must be filed for every divorce, whether there are minor children of the marriage or not. A Record of Divorce requires you to state the following:
- Your full name, birth date, last name before you were married (if different), the city, county, and state you live in, your birthplace, and the number of this marriage (You will need to provide the same information for your spouse)
- Place of marriage
- Date of marriage
- Date you last resided in the same household (if you are separated)
- Number of minor children in your household
This document is filed with the court at the time you file your Verified Complaint for Divorce.
FILING THE DOCUMENTS WITH THE CLERK OF COURT
The next step in your divorce process is once you have reviewed and signed the Verified Complaint for Divorce and any other documents required if you have minor children, all of the documents listed above are 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).
In the next blog “What are the steps of a divorce – Part Two” we will continue our journey into the divorce process.
HELPING PEOPLE START THE NEXT CHAPTER OF THEIR LIVES
GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
At Schmitt Law, PLLC, we understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life. To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or contact us online to arrange a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.
