The Michigan Divorce Book: A Guide to Doing an Uncontested Divorce Without an Attorney : With Minor Children

by Maran, Michael

• ISBN13: 9780936343174
• ISBN10: 0936343176
• Edition: 6th
• Format: Paperback
• Copyright: 2004-02-01
• Publisher: Grand River Pr

Table of Contents

Preface
Chapter 1
Part I: Introduction to Divorce
Do-It-Yourself Divorce
II: Uncontested Divorce
Divorce Issues	8	(1)
End of Marriage	8	(1)
Custody	9	(6)
Types of Custody
Court-Ordered Custody
Uncontested Custody
Parenting Time	15	(2)
Types of Parenting Time
Court-Ordered Parenting Time
Uncontested Parenting Time
Residence of Children	17	(4)
Establishing Residences of Children
Court-Ordered Change of Residence
Uncontested Change of Residence
Child Support	21	(6)
Child Support Formula
Payment of Child Support
Centralization of Child Support Services
Health Care, Child Care and Educational Expenses
Court-Ordered Child Support
Uncontested Child Support
Property Division	27	(2)
Court-Ordered Property Division
Uncontested Property Division
Alimony	29	(4)
Types of Alimony
Payment of Alimony
Court-Ordered Alimony
Uncontested Alimony
Other Divorce Issues	33	(2)
Name Change
Dependency Exemptions
III: Doing an Uncontested Divorce Yourself
Am I Married?	35	(2)
Do I Really Want to End My Marriage?	37	(1)
Is Divorce the Best Way to End My Marriage?	38	(7)
Annulment
Separation
Can I Get a Divorce in Michigan?
Residence
Divorce Jurisdiction
Custody Jurisdiction
Can I File the Divorce in My County?	45	(1)
What If My Spouse and I File for Divorce at the Same Time?
Can My Spouse Be Served with the Divorce Papers?	46	(1)
What If My Spouse or I Am Imprisoned?	46	(2)
Divorce by an Imprisoned Plaintiff
Filing against a Defendant-Prisoner
What If My Spouse or I Am in the Military?	48	(1)
How Long Will My Divorce Take?	48	(1)
How Much Will My Divorce Cost?	49	(2)
Which Children Must Be Included in My Divorce?	51	(1)
Minor Children
Adult Children
Must I Have the Friend of the Court in My Case?	52	(1)
Can I Get a Fair Property Division?	53	(5)
Inventorying Property
Valuing Property
Dividing Property
Does My Property Need Protection?	58	(1)
Do I Need to Change My Estate Plan?	58	(1)
Do I Need "Preliminary Relief"?	59	(2)
Alternatives to Preliminary Relief
Can I Socialize during the Divorce?	61	(1)
Can I Keep the Divorce Secret?	61	(1)
Will I Have Tax Problems from the Divorce?	61	(1)
What If My Spouse Is Mentally Incompetent?	62	(1)
What If I Need to File for Bankruptcy?	63	(1)
What If I Want to Dismiss the Divorce?	63	(1)
What If My Spouse Abuses Me?	64	(1)
Keeping Personal Information away from a Spouse-Abuser
Where Can I File If My Spouse or I Am Native American?	65	(1)
What If My Spouse or I Am an "Alien" (Non-citizen)?	66	(1)
Can an Alien Get a Divorce in Michigan?
Divorce by a Plaintiff-Alien
Plaintiff-Citizen Filing Divorce against a Defendant-Alien
Do You Need Legal Help?	67	(4)
Chapter 2
Legal Basics	71	(14)
Court System
Papers
Fees
Time
Courthouse Appearances
Local Rules and Forms
New Laws, Rules, Forms and Fees
Sample Forms
Overview of Divorce Procedure	85	(2)
Flowchart
Part I: Starting Your Divorce
1 Filing	87	(12)
Preparing Your Initial Divorce Papers
Filing Your Divorce
Getting Preliminary Relief
Sample Forms
2 Service	99	(10)
Serving the Defendant
Preparing for Service
Service by Acknowledgment
Service by Mail
Service by Delivery
Service Problems
Filing the Proof of Service
Special Notice of Your Divorce
Part I Checklists	109	(2)
II: Finishing Your Divorce
3 Default	111	(10)
Getting the Default
After the Default
Sample Forms
4 Waiting for Final Hearing	121	(2)
Friend of the Court Investigation
Case Conference
Prosecuting Attorney
5 Final Hearing	123	(17)
Final Divorce Papers
Preparing for the Final Hearing
Attending the Final Hearing
After the Final Hearing
Sample Forms
Part II Checklist	140	(1)
After Your Divorce	141	(12)
Transferring Property
Health Care Coverage
Estate
Planning
Name Change
Credit Problems
Appendices
Appendix A: Fee Exemption	149	(4)
Obtaining a Fee Exemption
Sample Form
Appendix B: Preliminary Relief	153	(24)
Interim vs. Temporary Relief
Preparing a Request for Interim Relief
Getting an Interim Order
Court Hearing
Preparing for a Court Hearing
Making Your Case in
Court
Court Hearing Itself
After You Get Interim
Relief
Sample Forms
Appendix C: Opting Out of the Friend of the Court System	177	(16)
Types of Opt-Outs
Total Opt-Out
Partial Opt-Out
Limited Opt-Out
Sample Forms
Appendix D: Alternate Service	193	(16)
Forms of Alternate Service
Alternate Service for an Elusive Defendant
Alternate Service for a Disappeared
Defendant
Sample Forms
Appendix E: Giving Special Notice of Your Divorce	209	(4)
Special Notice to a Third Party with Custody
Special Notice to a Prior Court
Sample Form
Appendix F: Divorce and the Military	213	(10)
Military Relief Laws
Divorce by a Plaintiff-Servicemember
Divorcing a Defendant-Servicemember
Sample Forms
Appendix G: Dismissing Your Divorce	223	(2)
Sample Form
Appendix H: Additional Judgment Provisions	225	(15)
Property Division Provisions	225	(9)
Dividing Real Property
Joint Real Property
Solely-Owned Real Property
Dividing Personal Property Dividing Retirement Benefits, Businesses and Other New Property
Division of Debts
Alimony Provisions	234	(2)
Short-Term Alimony
Long-Term Alimony
Choosing an Alimony Payment Method
Custody Provisions	236
Joint Physical Custody
Split Custody
Mixed Custody Third-Party Custody
Parenting Time Provisions	240	(1)
Change of Children's Residence Provisions	241	(1)
Child Support Provisions	242
Providing for Child Support
Using the Formula and Child Support Schedules
Adding to Base Child Support Reserving Child Support
Adjusting the Child Support Schedules
Departing from the Child Support Formula Health Care
Payment of Child Support
Assigning Dependency Exemptions
Michigan Child Support Formula Manual
Forms
Regular Forms
Optional Forms
Local Forms