Michigan Marital Settlement (Divorce) Agreement Form [PDF]

A Michigan marital settlement agreement is a legal document that outlines the terms and obligations agreed upon by a married couple without the need for court intervention. It records agreements made during negotiations concerning child support, a parenting plan, or alimony.

This document is crucial for couples seeking an uncontested divorce process because it serves as evidence that spouses have reached an agreement on all matters. The judge just needs to determine that the terms of the agreement are fair and include them in the divorce decree.

Divorce Forms 

In Michigan, divorce forms must be filed with the circuit court in the county where the divorcing couple resides, and the filing fee is typically around $175. Couples often wait at least 60 days to finalize the divorce, although this timeframe can vary.

Divorce Laws and Legal Requirements in Michigan

Divorce laws and legal requirements in Michigan support and safeguard the legal rights of divorcing parties.

How to File for a Divorce in Michigan in 8 Steps 

Starting a divorce process may seem intimidating, but this guide will break it down into 8 steps, explaining how to file for divorce in Michigan.

#1. Fill out the Divorce Forms

In order to start the divorce process, the petitioner needs to obtain and fill out the divorce forms. 

Here is a list of forms needed by the court:

• Divorce complaint/petition (obtained from the court)

• Summons

• Verified statement

To complete the divorce complaint, the petitioner must provide information about the divorcing parties, their children, and their marriage. Summons should be notarized, and three copies should be made for the court, petitioner, and respondent.

Also, a verified statement should only be filed if a couple has children together.

#2. File the Forms With the Court

When the petitioner gathers and completes the forms, it is time to file them with the court clerk in the county where they reside. The petitioner will also have to pay the filing fee, and if they are unable to pay the fee for some reason, they must file a fee waiver request.

The judge can order a fee waiver if the petitioner provides good reasons for it. However, in cases where the fee waiver request is denied, the petitioner must find another way to pay the filing fee, or the case will be dismissed.

#3. Serve the Forms to the Respondent

After filing the divorce forms, the petitioner has 90 days to serve copies of the forms to the respondent. A sheriff, a professional process server, or the mail are all options for doing this. The court needs proof of service in order to be sure that the respondent is informed about the divorce complaint.

When serving divorce papers by mail, the respondent must submit proof of mailing to the court. However, if a professional process server or sheriff serves the papers, then they need to fill out the certificate of service, which can be found on the second page of the summons.

Additionally, the respondent must fill out the acknowledgement of service, which can also be found on the second page of the summons, sign the document, and notarize it before sending it to the petitioner.

#4. Wait for the Respondent's Answer

The respondent now needs to file an answer in which he will agree with the terms of the divorce complaint or disagree. The easiest way to finalize the divorce is for both parties to agree upon every matter related to divorce and thus start the uncontested divorce process. 

On the other hand, if they are unable to reach an agreement, they will start a contested divorce process where the court will decide on the divorce matters instead of the spouses. 

#5. Draft Marital Settlement Agreement

Spouses who wish to enter an uncontested divorce process must draft a marital settlement agreement to prove to the court that every issue related to divorce is addressed. The easiest and most practical way is for spouses to do it by themselves.

First, they need to obtain a marital settlement agreement template and modify it to suit their needs. When the terms are negotiated and agreed upon, the document must be signed and notarized before being filed with the court clerk.

Additionally, in some counties, it is mandatory to attend specialized classes that help couples create a divorce settlement agreement.

#6. Schedule a Hearing

When all documents are gathered and filed, and all fees are paid, the court clerk can schedule a hearing. They will send each party a notice of hearing where they inform them of the time and date when they need to appear in court.

The waiting period for a hearing for couples without children is 60 days or 180 days for couples with children. 

#7. Attend Final Hearing

Both parties must attend the final hearing in order to state their case and provide proof for their statements. On the other hand, the judge will listen to both parties and ask questions to better understand the circumstances surrounding the divorce process.

The judge will also review the documents presented by divorce parties, especially the divorce settlement agreement, and if everything is in order, he will sign the judgment of divorce. The divorce is finalized when the petitioner files the signed judgment with the court clerk.

#8. Restore Maiden Name

To restore the maiden name, the spouse needs to obtain a record of divorce or annulment from the court clerk, and it will serve as legal proof for changing the name. The spouse must update information in identification documents, such as a passport, driver’s license, and ID card.

Additionally, a spouse can change the name in public records, for example, on bank accounts and utility bills. And lastly, friends and family should be informed of the name change, along with employers or clients.