The first step to a divorce case in Michigan is for one person to file the divorce petition and serve their spouse. This informs their spouse about the intent to divorce and gives them a chance to consider the terms.
If that person is served in Michigan and in person, then they typically have 21 days before they need to file their answer. The divorce case cannot move forward until they have done so.
If the person was out of the state or received the petition by certified mail, this can increase the amount of time they have. Often, they will then be given 28 days to respond, as opposed to 21.
What if they did not respond?
If someone’s spouse does not respond to the divorce petition, the court observes a 90-day waiting period. After this timeframe has elapsed, the court can still issue a default judgment in the divorce case, even if that spouse never answers the initial petition.
The divorce waiting period
Finally, it is important to note that Michigan does have a mandatory waiting period for divorce cases. For those who do not have minor children, whether they are going through an uncontested or a contested divorce, there is a 60-day waiting period. For couples that do have minor children, this waiting period is then extended to six months. Even if someone responds to the divorce petition quickly, the waiting period must still be observed before the divorce can be finalized.
It is important to be aware of deadlines and legal procedures when going through a divorce in Michigan. An experienced attorney can help couples explore all of their legal options.