STARTING A FAMILY LAW COURT CASE IN MICHIGAN

Understand Michigan family law procedures, including court orders, hearings, and the Friend of the Court's role.

Initiating Family Law Proceedings

Anyone seeking to initiate a family law case in Michigan must adhere to the established guidelines set forth by the Michigan court rules and Michigan Law. These guidelines mandate the filing of appropriate documentation with the family division of the circuit court. While legal representation is not mandatory, it is highly recommended given the complexities involved in family law matters.

Plaintiff's Complaint: Launching the Legal Process

The formal commencement of a family law case occurs when the plaintiff, the individual seeking judicial intervention, files a complaint. This document outlines the dispute and identifies the defendant, the other party involved in the case. The plaintiff may seek various forms of relief, including:

Divorce proceedings
Establishment of child support or spousal support
Paternity determination
Custody arrangements for minor children
Parenting time schedules

Serving the Defendant: Ensuring Proper Notification

Michigan court rules mandate that the defendant be served with a copy of the summons and complaint within the stipulated timeframe specified on the summons. This document informs the defendant of the need to respond to the complaint. The summons and complaint must be delivered in a manner that effectively conveys the initiation of legal proceedings to the defendant. In cases involving minor children or spousal support orders, a Friend of the Court informational handbook must be served alongside the complaint.

Defendant's Response to the Complaint: A Timely Response

A designated timeframe is granted to the defendant to file a response to the complaint. Failure to submit a response within the specified period, typically 21 days after service, may result in the defendant forfeiting the opportunity to present their concerns before the judge. In such instances, the plaintiff may seek a default judgment, granting them the relief requested in the complaint.

Hearings: Gathering Information for Informed Decisions

Following the filing of the complaint and the defendant's response, either party may initiate proceedings by filing a motion requesting orders regarding custody, parenting time, and support. During a hearing, the court gathers essential information to guide its decision-making process. Both parties are notified of the hearing schedule, providing them with an opportunity to present their arguments and advocate for their desired outcomes. The court is not bound by the recommendations of either party.

Court Orders: Formalizing Agreements

Upon reaching a decision, the court formalizes its determination through a court order. This document is typically drafted by the parties or their legal representatives. An order takes effect only after it has been signed by a judge and filed with the county clerk. While a referee may recommend an order, it becomes legally binding only after the judge's signature and entry. If a party disagrees with an order, they may file a motion for rehearing before the issuing judge or pursue an appeal to a higher court. It is important to note that grievances or complaints to other government agencies do not constitute valid means of altering a court order.

Preliminary Orders: Addressing Immediate Concerns

In situations where a delay in issuing an order could result in serious harm, the court may grant a preliminary order. Ex parte orders, orders issued without hearing from all parties, are sometimes granted when a judge finds that immediate action is necessary to prevent harm. Ex parte orders typically serve as temporary measures until the judge can hear from both parties. A party may challenge an ex parte order by filing an objection within 14 days or by submitting a motion requesting its modification or cancellation. However, the ex parte order remains in effect until the court intervenes. In cases involving support, custody, or parenting time, the ex parte order must be served on the other party along with a notice outlining the 14-day timeframe for filing an objection or motion. If an objection is filed, the Friend of the Court will provide unrepresented parties with the necessary forms and instructions to schedule a hearing with the court.

Final Orders: Conclusive Determinations

Upon comprehensive consideration of a motion, the court issues a final order. This order marks the conclusion of the motion process, establishing legally binding requirements that the parties must adhere to. Any alterations to a final order require a court order. Ordinarily, the court will grant a modification only upon mutual agreement between the parties. Otherwise, a motion must be filed, followed by a court hearing, for the court to consider a modification. Agreements reached between parties are recognized by the court and the Friend of the Court only after they have been approved and signed by a judge. Simply informing a Friend of the Court employee or another government official of an agreement does not constitute a valid modification of the court order. In certain instances, the law mandates that the Friend of the Court initiate proceedings to seek a court-ordered modification.

Click here to learn more about Friend of the Court.

Referees: Assisting in Decision-Making

Referees, individuals who conduct hearings, examine witnesses, and provide recommendations to the judge, play a crucial role in the family law process. The chief circuit court judge has the authority