Highly Experienced Lowell Divorce Lawyer
Divorce is a significant life change that involves various legal issues, including property division, child custody and spousal support. For residents of Lowell or elsewhere in Kent County, Michigan, understanding these complexities can be overwhelming. Thankfully, help is available.
Anne E. Lewis, P.L.C., is a family law firm with 15 years of experience advocating for clients’ rights and best interests. Anne Lewis offers a comfortable atmosphere and dynamic representation tailored to each client’s needs. Attorney Lewis is versatile and can effectively handle your divorce matters, whether it involves going to court, mediation or negotiating amicably.
Filing For Divorce In West Michigan
Filing for divorce involves several steps. Before you can begin, you must meet the residency requirements of the state where you wish to file. In Michigan, at least one spouse must have lived in the state for at least 180 days and in the county where you want to file for at least 10 days.
Next, you need a legally acceptable reason, or “ground,” to end your marriage. Grounds can be fault-based, such as adultery or cruel treatment, or – more commonly — no-fault-based, like “irreconcilable differences.”
After establishing grounds, you must file divorce papers and have them served on your spouse. There are two types of divorce: uncontested and contested. An uncontested divorce is where both spouses agree on all issues before filing, making it faster and less expensive. A contested divorce involves disagreements that must be worked out in negotiations or at trial.
If both spouses agree on all issues, they can file a joint petition for divorce. The necessary forms typically include a petition (consent judgment), a domestic violence screening form, a confidential case inventory and a proposed consent judgment/order. If you have children, additional paperwork is required. Both spouses should keep copies of all filed documents. No formal service of papers is needed in this case.
A contested divorce starts with one spouse filing a Complaint for Divorce and a Summons. The filing spouse must serve the documents to the other spouse within 90 days. The easiest method is for the other spouse to accept and sign an Acknowledgment of Service. If they refuse, a third party must deliver the documents. The server then files a Proof of Service form with the court.
In Michigan, you file your paperwork in the family division of the circuit court in the county where either spouse lives. Some courts may require electronic filing, so check with your local court clerk.
How the divorce proceeds depends on the other spouse’s response. If they agree with everything, it becomes an uncontested divorce. If they disagree, the divorce becomes contested, requiring court appearances to resolve issues.
What Forms Do I Need To File For Divorce In Michigan?
To file for divorce in Michigan, you need several forms:
- Complaint for divorce: Initiates the process and outlines the grounds.
- Summons: Notifies the other spouse of the proceedings.
- Financial affidavit: Details your financial situation, including income, expenses, assets and debts.
- Record of divorce (DCH 0838): Official record of the divorce.
- Confidential case inventory (MC 21): Lists any other pending or resolved family division cases.
- Fee waiver request (MC 20): Optional if you need to request a waiver for court fees.
- Request for interpreter (MC 81): Optional if you require language assistance.
What Is The Timeline For Divorce In East Grand Rapids?
Michigan has a mandatory waiting period for divorces. If you have no children, the waiting period is 60 days between filing and finalizing your divorce. If you have children, the waiting period extends to 180 days. However, this can sometimes be waived under specific circumstances.
Does Legal Separation Exist In Michigan?
In Michigan, legal separation is called “separate maintenance.” It is an alternative to divorce where parties agree on child custody, child support, property division and alimony while remaining legally married. Some choose this option for religious or personal reasons. There are potential drawbacks to seeking separate maintenance over divorce that you should discuss with your lawyer.
Get Started On Your Divorce The Right Way
If you are considering a divorce and need legal assistance, Anne E. Lewis, P.L.C., offers free consultations. Call us today at 616-818-1812 to schedule an appointment to your situation and learn how attorney Lewis can help you through this challenging time.
