Getting a Michgian Flint Divorce

What do you have to say in your pleading to get a Michgian or Flint Divorce.


“[T]here 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 one who files first the plaintiff may not include any other explanation of the grounds in the complaint. The defendant may admit or deny the grounds. The FAMILY COURT  may consider an admission but is not bound by it.



Where do you file your divorce papers ? The Jurisdiction is the state and the  county is the  venue.

On the filing date, one party must have resided in Michigan for at least 180 days and in the county of filing for at least 10 days. Residence means the place of a permanent home where the party intends to remain.



The 10-day county residency requirement need not be met if there is information that would allow the court to reasonably conclude that the parties’ minor children are at risk of being taken outside the U.S. and kept in a foreign country by a defendant who was born in a foreign country or who is not a U.S. citizen.



The first paperwork.

The initial filing for a divorce without children includes a summons, a complaint, filing fees, and a record of divorce or annulment (some counties require filing at the time of entry of the judgment).



If there are minor children or a request for spousal support, a verified statement must be served on the other party and provided to the Friend of the Court. The initial filing for a divorce with minor children must also include information about custody proceedings and the names and birth dates of the minor children.



The complaint must include the following:



•The statutory grounds for divorce, without further explanation.



•The parties’ complete names and their names before marriage.



•Residency information.



•Whether a party is pregnant.



•The required case caption language.



•Whether there are minor children of the parties or minor children born during the marriage.



•The complete names and birth dates of any minors involved in the action, including minor children of the parties and all children born during the marriage.



•Whether there is property to be divided.



•If a request for protection of property is made, facts sufficient to support the relief requested.



•If spousal support is requested, a showing of the need for support and the other party’s ability to pay.



•If there are minors or a request for child support, whether any Michigan court has continuing jurisdiction over the minor and, if so, the court and file number.



•If custody of a minor is to be determined, the following must be included in the complaint or in an attached affidavit: (1) the child’s present address, (2) places where the child has lived within the last five years, (3) names and present addresses of persons with whom the child has lived during that period, (4) whether the party has participated in other litigation concerning the custody of the child in Michigan or elsewhere, (5) whether the party knows of a proceeding that could affect the current child custody proceeding, and (6) whether the party knows of a person who is not a party to the proceedings who has physical custody of the child or claims custody or parenting time rights.





Filing fees may be waived. Fees and costs must be waived or suspended for persons receiving public assistance and indigent persons. The judge may hold a hearing to determine if the person is indigent. If the affidavit of indigency is not disputed, the waiver is mandatory.



Service. 

Service is as provided in the general rules for service, with a copy to the Friend of the Court if there are minor children, a party is pregnant, or support is requested.



If there is a nonresident defendant and jurisdiction is under the long-arm statute, service is made as on a resident defendant. If jurisdiction is acquired by personal service with an order for appearance and publication, specific proofs are required.


If you have additional questions contact Terry Bankert at
http://attorneybankert.com/