Frequently Asked Questions

The family division of circuit court handles all divorce cases in Michigan. If you want to file for a divorce, 1 of the parties must have lived in Michigan for at least 180 days, and in the county where the case will be filed for at least 10 days before filing. The person who starts the divorce action is called the plaintiff. The plaintiff must file a complaint asking the court to grant a divorce. There is a filing fee for this action. The filing fee may be more if there are children of the marriage who are under the age of 18.

If there are no children under the age of 18, there is a 60 day waiting period before a divorce can be granted. In cases where there are minor children, the waiting period is generally 6 months. Before a divorce is granted, the court must find that there has been a breakdown in the marriage relationship to the extent that the parties cannot live together as husband and wife. At least 1 of the parties must appear in court to show that this breakdown exists. In Michigan, a divorce can be granted even if one of the parties does not want the divorce.

You do not need an attorney to represent you in a divorce case, but you will be expected follow all the laws, court rules and procedures. A list of attorneys who practice divorce law can be obtained from the bar association in your local area.

Besides ending the marriage, a divorce will divide the belongings and debts accumulated during the marriage and decide whether alimony is required. The term alimony refers to the amount of money the court feels one party should pay to support the other party. In divorce cases where there are children who are under the age of 18, the divorce judgment will address child custody, support, and visitation. Divorce cases where there are minor children involved may be referred to the Friend of the Court office for investigation and recommendations.

If you have received a money judgment against another person as a result of a lawsuit, and the time allowed by the court for payment has passed, you can ask the court for a garnishment as a method of collecting the money. Garnishment is a court procedure allowing you to collect money from the other person's wages, property or bank accounts.

If you begin the garnishment proceeding, you are called the plaintiff. The person who owes you money is called the defendant. The bank, employer or other third party who has control over the principal defendant's assets is called the garnishee. The most common type of garnishment is called an income withholding. In an income withholding, money from the defendant's paycheck is withheld by the employer and sent to the plaintiff. Each garnishment lasts for 90 days. After expiration a new garnishment must be filed. This process continues until the judgment has been paid in full. Other sources of income that can be garnished are saving accounts and money obtained from the sale of property or other assets.

As the plaintiff, you must file a form called an "Affidavit and Writ of Garnishment" with the court that granted the original judgment. Once the court has signed the Affidavit and Writ of Garnishment, the plaintiff is responsible for serving these documents on the garnishee. Copies of the writ and a disclosure form must also be provided to the defendant. The plaintiff is responsible for paying the filing, service and disclosure fees. After receiving these documents, the garnishee must complete and file the disclosure form with the court. The disclosure form states what money, property or other assets they have which belong to the principal defendant. Copies of the completed forms must also be sent to the plaintiff and the defendant. Some money and assets cannot be garnished by law.

You may need to consult an attorney for help. However, an attorney may not file garnishments in small claims cases. When you are suing someone for $3,000 or less, your case can be heard in Small Claims Court. Small claims court is a division of the district court. Your case may be heard by a judge or a magistrate.

In small claims cases, the parties represent themselves. You cannot have an attorney present your case. In addition, the judge's decision is final and cannot be appealed. If either party objects to these conditions, the case will be transferred to the district court for a hearing.

If you are the one filing the case, you are called the plaintiff, and the person or business you are suing is called the defendant. Small claims cases should be filed either in the county where the cause of action arose or in the county where the defendant resides or is employed.

To start the case, the plaintiff must file an "affidavit and claim form" with the clerk of the small claims court. This form is available from the small claims court. The cost of filing your lawsuit in Small Claims court is $17 for claims up to $600, and $32.00 for claims from $600 to $3,000.

Mediation is the process of two or more people settling problems without going to court. A neutral person called a mediator will work with both sides to assist them in reaching a satisfactory resolution of the problem. Mediation services do not work in all cases but a variety of cases can be successfully resolved using mediation. Types of cases include: property damages, neighborhood issues such as joint driveway or fence problems, disputes between shoppers and merchants, small claims, landlord-tenant disputes, and family disputes such as contested wills or curfew agreements.

Mediation of disputes between farmers and U.S. Department of Agriculture agencies is also available, as is mediation for parents involved in disputes with schools over special education issues. Mediation is very successful; 90% of the people who agree to go to mediation reach a settlement which resolves the matter. Each year, over 10,000 people solve their problems this way.

If you have a dispute with someone, call the local community dispute resolution center in your area. They will collect information about the case, contact the other person involved, and if both parties agree to use mediation, schedule a mediation session. During the mediation session, both parties will be able to talk about the problem, explore solutions, and if possible, reach an agreement that is satisfactory to both. For the telephone number of the community dispute resolution center nearest you, call 800-873-7658. This phone call is free.