Legal Question in Family Law in Michigan

Re: We agree and don't have major assets

Dear Madam:

This is in response to your email of June 7, 2001, which this office received on June 27, 2001.

There is no legal requirement that you need to hire an attorney to file for divorce. You will have to file a complaint, serve your husband, and file a Proof of Service with the court, which is an acknowledgement that you gave your husband a copy of the complaint on a particular date. If you and your husband agree on all property issues, you will have to prepare a Judgment of Divorce, which is an order granting the divorce and outlines your property division. The Judgment of Divorce must also include certain mandatory language. Both you and your husband will have to sign the Judgment of Divorce. The court will send you a settlement notice date, on that date the person who filed the complaint, known as the Plaintiff, must appear in court to have the Consent Judgment entered.

I do not recommend that individuals handle their own divorces as it is difficult procedurally and they often do not address important property rights. Furthermore, you did not indicate whether you have children. If you do have children a Judgment of Divorce becomes more complicated. Finally, if your divorce is as simple as you indicate an attorney shall be able to handle your divorce for under $1,000.00.

Sincerely,

Michael D. Eberth

(313) 561-5700

[email protected]