Uncontested Divorce in Michigan

This is a type where both parties have talked and agree to filing for divorce. In most instances, an Uncontested Divorce in Michigan means they know how they are dividing their property, child support, and overnights. Legally a lawyer cannot represent both parties. One of the parties will sign a document that state he/she knows that the lawyer is not representing him/her and have advised that person to obtain legal advice from another lawyer.

In an uncontested divorce, one party will become the Plaintiff and file the case. The Defendant can be served by the plaintiff or the plantiff’s lawyer lawyer or a process server. The Defendant will have to answer the complaint and file a counter complaint. Usually this is not necessary if it is an uncontested case. Once the Defendant files his/her answer the lawyer can draw up either a settlement agreement or a Consent Judgment of Divorce. If both parties agree, then both sign the document along with the lawyer. The lawyer then files it in the County Court. All parties including the lawyer(s) go to court and put the proofs on the record.

During an uncontested divorce in Michigan there are a series of questions that the Lawyer or Judge will ask:

  • At the time you filed for divorce, was everything true and accurate?
  • Does it remain true and accurate today?
  • Has there been an irreconcilable breakdown in your marriage?
  • If the judge were not to grant you a divorce, would you live together as Husband and Wife?
  • Have you read the consent judgment prepared in the matter?
  • Did you have an opportunity to talk to your lawyer about the terms of your uncontested divorce?
  • Do you understand you have a right to a trial? And that you may be awarded the same award, a more favorable award or less favorable award?
  • Do you agree to be bound by the JOD?

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