Ann Arbor Legal Services

Divorce

Michigan is a "no-fault" divorce state. That means that neither party has to prove fault as grounds for a divorce. If the parties in a divorce reach a final settlement on all issues, fault is not a factor. However, if there is a disagreement on alimony, property, child support or child custody, fault can become an important issue. A divorce begins when one or both parties decide that the marriage relationship has broken down and should be ended. The divorce case is processed in the family division of the Circuit Court. The partner that files the court action is the “Plaintiff.” The Plaintiff files a “Complaint” which asks the court to grant an order. The complaint contains the names of the parties, pertinent background, the date of marriage, separation, relief requested, etc. The other party is the Defendant. The Defendant receives a summons saying that a suit has been filed and that he/she has 21 days to respond. If the Defendant does not respond, he/she is in default and the case may continue without further notice to that person. If the Defendant files a response with the County Clerk's office, the case is contested. The response deals with the complaint, paragraph by paragraph. In addition, a Defendant can file his/her own complaint called a “Counter-Complaint.” This claim must be answered by the Plaintiff.