Steps to Filing Divorce in Farmington Hills and Birmingham MI

Farmington Hills Divorce Process

Divorce can be an emotionally overwhelming experience. It can have residual effects on both you and your family and you should contact Judith H. Blumeno as soon as possible if you are considering divorce.

The steps for filing for divorce include following:

• The complaint:  As the plaintiff, you file the complaint for divorce identifying yourself, your spouse, and any children you have.  Since Michigan is a “no-fault” state you do not need a reason to file for divorce.  There is one paragraph in the complaint that gives you the ability to file, which reads “ there has been a breakdown of the marriage relationship to the extent the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved”. The complaint usually is three to four pages long and will include allegations that are specific to your case.
• Service of process: After you file your complaint, the defendant is served with the summons and complaint.
• The answer: The defendant is served with the complaint and has 21 days to file an answer with the court if he/she has been personally served or 28 days if he/she has been served by mail.  If your spouse fails to respond, you may then ask the court to enter a default.  After the waiting period (60 days if you have no minor children or 180 days if you have minor children) you can then file a default judgment.
• Financial investigation and negotiation: At this point in the divorce process, the value of the marital estate is determined. Also, depositions, subpoenas, interrogatories, and review of financial documents take place. Additionally, child custody and visitation are negotiated.
• Pretrial conference: Some counties in Michigan this may be called a settlement conference.  This is when the parties involved and their attorneys meet in the judge’s courtroom to advise the court where you are in the settlement process.  If you cannot settle your case between you and your spouse with the help of your attorneys, then a mediator is selected and the court assigns a trial date.  If you are still unable to settle after meeting for divorce mediation in Farmington Hills, then the case will go to trial before the judge.  It is important to note that the vast majority of cases settle and do not have to go to trial.
• Trial: If conflicts still exist after the pretrial meeting, the situation must be resolved at trial. You and your lawyer discuss strategies and prepare for litigation. The trial part of the process could take several weeks depending on the issues being decided on.

Honest. Caring. Dependable.

Judith Blumeno is determined to provide you with the experienced and personalized legal care you can trust. Going through a divorce can be traumatic for you and your family. Contact the Farmington Hills divorce law firm of Judith Blumeno, and put the past behind you.