What is the First Step of the Divorce Process?

When two people decide their marriage is over it can be emotional and difficult to grapple with. Although sad, it is sometimes the only solution to issues in the relationship. If you are considering filing for divorce and are unsure of the first step you should take, continue reading and speak with a Farmington Hills divorce lawyer for additional information.

What First Step Should I Take When Filing for Divorce?

The required steps for a Michigan divorce will vary depending on the details of your relationship as well as the jurisdiction where you are pursuing a divorce. Before you legally begin the process you must ensure you are eligible. In Michigan, this means living in the state for at least 180 days leading up to the filing. Additionally, you must prepare the grounds for divorce. Acceptable grounds can fall into either no-fault or fault-based categories. Fault-based grounds can include adultery, cruel treatment, incarceration, and abandonment. No-fault divorce grounds are generally an irretrievable breakdown of the marriage or irreconcilable differences.

Once you have established the above, the first step to officially begin the process is to file a Complaint for Divorce. Once you file the complaint you will be considered the plaintiff while your spouse will be considered the defendant. The Complaint will include information about both parties and the details of the divorce. By filing this complaint you are officially on your way to terminating your marriage.

What Other Steps Are Required?

Filing the first document can be difficult emotionally but it is necessary for your end goal. Once you have filed the official complaint the rest of the process will generally include the following steps.

• Your spouse will be served the divorce papers. They must legally be notified about the case and respond within 21 days (28 days if delivered by mail). The papers will include details about the division of property, spousal support, child custody, and child support.
• If your spouse has no issues with the suggested settlement they will sign and return the papers for an uncontested divorce.
• If your spouse disagrees with one or more aspects of the divorce they must file a response detailing their desires for the outcome. You are now in a contested divorce which is more complex.
• If you share children a temporary custody order will be issued.
• Mediation sessions may be required in an attempt to resolve conflicts regarding the divorce agreement.
• There is a required waiting period of 60 days before the divorce can be finalized (6 months if you share children).
• You will attend a court hearing where a judge will make a final decision on any topics that have not been agreed upon. If everything is resolved before court they will examine and approve of the settlement agreement. The final divorce decree will be entered.

The process can be messy and complicated but it will be made easier with the help of a skilled attorney. Work with an experienced divorce lawyer at Alan B. Cooper & Associates, PLLC for knowledgeable representation and legal counsel throughout the process.