1. Summons.  This notifies the other spouse that a suit has been started and he or she has twenty-one (21) days to   respond or a default may be taken. (Twenty-eight (28) days if service is made by registered mail).

2. Complaint.  This document states the names of the parties, where, when and by whom you were married, names and birthdays of children (if any), wife’s name before marriage, length of residence in county and state, date of separation, grounds for divorce, a statement as to property and the relief requested (a party must reside in Michigan for 180 days and in the county where suit is started for at least 10 days).

3. Affidavit of Service and Return of Service is filed when service is made.

4. Affidavit.  This informs the court as to whether a previous action of divorce between the parties has been filed.

5. Statement to the Friend of the Court.  This is to inform the Friend of the Court of the essential facts (not necessary in cases where Friend of the Court services are not required).

6. Affidavit concerning child’s or children’s living quarters during the past 5 years and that no custody action is pending regarding child (only needed where there are minors).

7. Record of Divorce.  This is a statistical record required by the state.

8.  Injunctions.  Only requested where needed to restrain spouse from committing certain acts.  This procedure will be explained to you in detail if you desire an injunction.

9.  Ex-Parte Orders.  This may be obtained for temporary custody, support, etc..  An objection timely filed to the ex-parte order will negate the effectiveness of the order until a hearing on this matter.

10. Affidavit for Ex-Parte Order.  A sworn statement that the facts stated in order to obtain the ex-parte order are true.

11. Filing Fee of $150.00.  An additional $30.00 is required if the Friend of the Court services are needed.  There is also the cost of serving papers and entry of Judgment.  Later on, there may be other costs for services such as services from appraisers, actuaries, accountants, depositions, etc..

12. Notice of Hearing, Praecipe, Motions and $20.00 Filing Fee as interim relief requires a hearing.  A motion is a plea to the court for some type of relief.  A praecipe is merely a form requesting that the matter be set for hearing.  Notice of hearing merely advises that a hearing will be held.

The Plaintiff is the party who starts the lawsuit and the Defendant is the person against whom the suit is filed.  All proceedings in the divorce matter are finally resolved by the Circuit Court in which the case is started.  The Friend of the Court is an arm of the court which is used to assist the court.  They usually make recommendations as to alimony, support, custody, and visitation rights.  They also collect and distribute alimony and support payments.  They also may seek enforcement of court orders dealing with support, visitation rights and alimony.  The court may use the Friend of the Court for other miscellaneous duties.

After the Complaint and Summons are served, the Defendant may file an answer to the Complaint which is, in effect, a paragraph by paragraph response to the Complaint.  Once the answer is filed, the case is contested.  If no action is taken by the Defendant, an order of default is entered, indicating the Defendant’s lack of response, and the matter becomes an uncontested divorce case.  The Defendant may desire not only to answer the Complaint, but desire to file his or her own Complaint.  This is known as a Counter-Claim or Counter-Complaint and must be answered by the Plaintiff.

A divorce cannot be granted in less than 60 days.  Where there are minor children the parties must wait 6 months.  However, the 6 month period may be waived upon a proper showing of circumstances warranting same.  No divorce is granted without a court hearing as to the truth of the statements made in the Complaint.  A witness is not necessary if the matter is uncontested when heard by the Court.

Temporary orders for custody, support, alimony, mortgage payments, medical payments, visitation, injunctions and other relief may be requested at any time during the time you start your case and a Judgment of divorce is entered.  A temporary injunction restrains a party from doing something.  There are two types of injunctions dealing with violence: one authorizes immediate arrest; the other provides for an appearance before the judge to determine what action should be taken.

Temporary orders of support may be based on a recommended chart.  Generally, alimony and support is based on needs and ability to pay.  The lifestyle of the parties is also taken into consideration.  In regard to child custody disputes, you will be advised to study the twelve factors listed in the child custody act, a copy of which will be provided upon request.  The procedure and preparation is involved and will be more fully discussed upon request.

The court may also award temporary attorney fees to assist a party with their costs of obtaining counsel.  This is usually performed the same way as any other motion and may be part of a motion requesting other relief.

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