WHAT DOCUMENTS DO I NEED TO FILE FOR DIVORCE?

Each state has different laws for couples that want to file for divorce. Fortunately in Michigan, couples can obtain a no-fault divorce, which means that neither you nor your wife needs to prove to the court that the other spouse did something wrong. However, even the simplest divorces can require extensive paperwork, so it’s in your best interest to work with a skilled divorce attorney who will ensure you enter and exit the process with ease.

Once you retain a divorce lawyer, he or she will help you file for a divorce after they discuss the various options. You will need to fill out quite a few documents depending on your specific situation, but everyone fills out the same papers in the beginning. You need a Summons and Complaint, which states that you two are unlikely to salvage your marriage and informs your wife of her rights. If you and your wife resolved your divorce, then your Complaint would include the Martial Settlement Agreement. A Sheriff, Deputy, or Process Server will then send the Complaint to your wife, who has 21 days to respond.

If you chose to settle your divorce beforehand, then the only other document you need to file the divorce is the Martial Settlement Agreement. This document must include the conditions of your separation, child support, parental visitation, health care insurance, debt, and division of property and other assets. You will take this to the court to receive a judgment or divorce form if they accept the agreement.

The court can also enter a divorce judgment if your spouse refuses to respond to the Complaint. You will need to fill out a one-page Default Request, Affidavit, Entry and Judgment in order for the judge to sign it. If your spouse responds, then you will receive an Answer and Waiver form. To prove your wife is not part of the military, you need to fill out the Military Service Status form and then your divorce will proceed to court. Your attorney will send a Notice of Hearing form describing the date, time, and place for the divorce hearing to your wife. If you have children, you will need to fill out Child Custody Jurisdiction Enforcement Act Affidavit and IV-D Child Support Services Application/Referral forms.

Since each divorce is unique, it’s easy to become overwhelmed by all of the documents you need to submit. Fortunately, with the help of the skilled attorneys at Bailey Smith & Bailey, you can rest assured that you’ll have all of the resources you need to navigate the divorce process with ease. Our attorneys are dedicated to providing men with the best representation before, during, and after a divorce, so contact us to request a consultation today!