How Do I Get a Divorce in Michigan Without Minor Children?
- 1). Obtain the proper forms. Go to the family court in the county where you or your spouse resides. The court clerk will provide you with the correct divorce packet.
- 2). Complete the "Complaint for Divorce" and "Summons." The complaint names you as the plaintiff and your spouse as the respondent. The complaint also details what you are requesting in the divorce, such as spousal support and the division of marital property and debts. The court can only give you what you request in your complaint, so be as detailed as possible. The summons is a form that notifies your spouse you have filed for divorce. Check with the court clerk for any additional local forms you may need. Make two copies of any paperwork you complete.
- 3). Give the completed forms to the court clerk and pay the filing fee. Check with the court clerk for the appropriate fee in your county.
- 4). Have your spouse served with divorce papers. Any adult, certified process server, or sheriff may serve your spouse. Service means personally delivering a copy of the complaint and summons to your spouse. Due to the serious nature of a divorce, you may want to consider having a professional process server or sheriff serve your spouse. Your spouse has 21 days from the date of service to file a response with the court.
- 5). Return proof of service to the court. The court must receive proof that you served your spouse with divorce papers. Proof is a signed affidavit by the person who performed the service. A professional process server will give this document to you. The sheriff may return the proof of service to the court directly or give it to you to return. If someone you know is serving your spouse, you will need to get the form from the court and return it with the person's signature.
- 6). Attend court. You must appear in court to confirm you want a divorce and your relationship is beyond repair. The judge will sign a judgment for divorce and you will be officially divorced.
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