Uncontested Divorce in Michigan
It is generally observed that those divorcing couples who opt for an uncontested divorce can pursue a better relation between them after the Divorce Decree is granted. The reason is that since the couple is in complete agreement regarding the major issues of the divorce, they can part ways satisfactorily. Also, they can pay due attention to whether their children are not being hampered by the divorce.
Forms of a Consent Divorce applicable to an Uncontested Divorce in Michigan
The Plaintiff is supposed to file the below mentioned forms in a Consent divorce as well as an uncontested divorce.
- A Record of Divorce or Annulment: This is an administrative form. The intention of filing this form is to maintain a track of divorces in the state.
- A Judgment of Divorce: This form terminates the marriage.
- An Answer and Waiver: This is used to establish that the Complaint for Divorce has been received by the Defendant and the action may be taken forward.
- A Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) Affidavit: It is compulsory to fill this form, if the divorcing couple has minor children. This form proves the legitimate home state of these children. The issues of parental kidnapping and prevention of child abuse are also taken into account in this form.
- The Marital Settlement Agreement: This form comprises of the details of the agreement between the divorcing partners. It is inclusive of the following.
- Alimony.
- The distribution of liabilities and assets.
- Child Visitation.
- Health Care Insurance and Expenses.
- Child Support.
- Child Custody.
- Any issues which are unique to the divorcing couple.
- A Verified Statement and Application for IV-D Services: When children are involved in the divorce proceedings, this form is essential. The Friend of the Court uses this form for the collection, recording and enforcement of child support.
- A Complaint for Divorce: This form is used to initiate the action. It comprises of the following.
- Statistical information regarding both divorcing partners.
- Identification of the grounds of divorce.
- Identification of the minor children, if any.
- Information whether or not property would be divided.
- Information whether support is requested.
Additional forms for Uncontested Divorce in Michigan
- A Request for Certificate of Military Service Status: This form is used to certify if any of the divorcing partners is employed in any branch of the armed forces.
- A Default Request, Affidavit, Entry and Judgment: In case, the Defendant does not provide any response to the Complaint during the allotted span of time, then the Plaintiff can make a request to the Court to enter a Judgment.
- A Summons: This form offers the Defendant some time to provide an Answer to the Complaint. If the Defendant is in this state, then this time span is 21 days and if the Defendant is out of state, then this time span is 28 days. A Copy of the Complaint and the Summons are delivered to the Defendant. The individual (the process server or the deputy or the Sheriff), who serves these documents to the Defendant, returns the Proof of Service form. This form is added to the records of the case.
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