Steps In The Divorce Process

Every case is different, but most divorces follow the same process as they move through the court. The case begins with filing and service.  Typically, this is followed by an answer and the start of discovery.  During the discovery period, any number of matters can be litigated or mediated by the parties.  Should a resolution be reached, the parties will skip trial and proceed to an entry of judgment.  If they are unable to reach resolution, the case will proceed to trial. Each step is briefly described below, but can vary from case to case. 

The First part of the divorce process involves the filing of a complaint for divorce.  To file a complaint, the petitioner or Plaintiff, needs to allege a breakdown of the marriage to the extent that the bonds of matrimony cannot be repaired. 

The parties must have lived in the state of Michigan for 180 days and in the county of filing for the 10 days immediately prior to the filing.  The plaintiff will identify the assets, debts, and if there are children involved.  The filing of the complaint begins the sticking of the clock for the statutory waiting period. 

A party in a lawsuit must be served, and divorce is no different.  A complaint must be served according to the court rules.   Ashley Legal PLLC works with a network of process servers to ensure that timely, efficient and proper service occurs.  

A Defendant must answer, or respond to a complaint with admissions or denials of what has been alleged.  Within 21 days of service (if residing in state) a Defendant must file and serve an answer.  Unlike service of a complaint, personal service is not required. 

Discovery is the process of locating information regarding the assets of the marriage, as well as the debts.  This process begins with the Financial Disclosures.  The financial disclosures are done on a Domestic Relations Verified Financial Information Form, or CC320, that is exchanged between the parties. The parties can then use this information to determine if interrogatories, requests for production, depositions, or subpoenas may be necessary to learn more.  This is also the time when appraisals, business valuations, and other asset valuations will occur. 

In some cases, the parties agree or are ordered to participate in the investigation process with the friend of the court or attend a Facilitative Information Gathering Conference (FIG-C) or an Early Intervention Conference. These are designed to put into place temporary orders or help the parties reach resolution of the case.  These are county dependent and usually require forms to be completed and documents to be produced.  These investigations may also generate recommended orders for the court or recommend how support should be ordered. 

These are contested issues that arise in the case.  A motion is a legal pleading that asks the court to grant a prayer for relief based upon the allegations in the motion and the law.  These motions may lead to a hearing or may result in an order. 

Mediation is the process of working with a Third Party Neutral to have the parties learn the wants of the other and facilitate a resolution.  Commonly, this is court ordered.  More about mediation can be found here. 

A trial is a formal legal proceeding in a court where evidence is presented to a judge.  Unlike criminal trials, the Judge is the trier of fact and will determine the resolution of the issues.  

Judgments are the Court's final orders that close the case, unless the law permits the court to continue jurisdiction.  This is the binding document, and acts as a divorce decree.