If your wife filed for divorce, you are the plaintiff in the case. You are the defendant.
The fact that the defendant is in a divorce case is not the same as the defendant (defendant) in a criminal case. This does not mean that you are the one who made a mistake or that you are in trouble. This does not mean that your wife can make all the decisions in your divorce. This only means that your wife was the one who first filed the papers to initiate the divorce case.
It is important that you understand your rights and responsibilities as a party to the divorce case. This website explains what to expect.
When your wife makes a divorce petition above
Consider consulting an attorney
If your wife is applying for divorce, you may want to speak to a lawyer. It is extremely important to speak to a lawyer if your wife abuses you verbally, emotionally or physically.
Even if you and your wife agree to most things, you cannot rely on your wife’s lawyer to protect your interests. If a lawyer presents papers on behalf of your wife or appears before your wife, this lawyer cannot represent you.
If you have a low income, you may be eligible for free legal services. Regardless of your income, you can use the guide to get legal aid to find lawyers and legal services in your area. Unfortunately, this tool is only available in English. We hope that the Spanish version is available soon.
Accept legal delivery of divorce documents
If you know that your wife has filed for a divorce, do not try to avoid legal delivery of the divorce documents. Avoiding handing out divorce papers will not help you, and can cause problems.
Avoiding handing papers does not mean that your wife cannot divorce. It may take some time to start the divorce case, but as a result you may not know what is happening in the divorce. Courts can make important decisions about their children and their property without hearing their opinion.
Read the documentation carefully
If you receive divorce papers, read them right away. It is important to understand what your husband is asking from the court.
The divorce case is a judicial process that ends your marriage, but other important things will also be identified in the divorce case. This includes dividing their matrimonial property and debts and determining whether one of the spouses must pay the spouse’s maintenance (alimony) to the other person. If you have children, your divorce decree will also tell who will get physical and legal custody, and when the children will spend time with both parents (parenting time), who will pay child support and the amount of support.
When you receive your first divorce papers, expect to get the following:
Quotation: A divorce case is initiated to file a summons, case and other papers required by the court. The quotation is important because it tells you how long you have to provide a response to your wife’s divorce suit.
Divorce lawsuit: The divorce lawsuit provides the judge with information about you, your wife, your marriage, and your children. Describe the orders your husband requests from the judge. The lawsuit will say if your wife wants the judge to divide your assets and debts and if you are asking for support from the husband (alimony). If you have children, it also explains the custody arrangements and the parenting schedule your wife wants, and will require child support.
When you receive your first divorce papers, you may also receive:
Unilateral orders: Your husband may have made one or more requests asking the judge to make an order when the case begins, even before you receive a notice of the divorce case. Single-party orders are emergency orders that a judge decides without hearing your opinion. If you receive a one-sided request, the order will already be executed.
Ex parte orders can be made in many different things. They can prevent (not allowing) both spouses to dispose of money or other property until the divorce is completed; give temporary custody of the children to one of the spouses; and request child support payments.
If you received a one-sided order with your divorce papers, speak to a lawyer. If you disagree with a unilateral purchase order, you only have a limited time – 14 days from the day you received the order – to file a protest if you disagree. After 14 days, it becomes a temporary order that generally lasts at least until the divorce is completed.
Request for interim orders: Your husband may have made one or more requests asking the judge to issue temporary orders. Temporary order movements often deal with the same things as single-party orders, but a judge cannot sign a temporary order without getting a hearing first. If you receive a temporary suggestion, it will include a hearing notification telling you the date, time and location of the session.
Written testimony under the Consolidated Law on Jurisdiction and Compliance with Child Custody: This document is mandatory in all divorce cases where there are minor children.
Realized statement: If your divorce includes young children or if your husband requests the husband’s support, your husband must present this document to the court friend and receive a legal receipt.
Court Friends Guide: If your divorce includes young children or if one of the parties is pregnant, your wife must also have you receive a legal receipt for this guide. It tells what the friend of the court does.
Case Inventory Appendix: If a family law pending or resolved issue involves you, your wife, or your children, you also receive this form. This form contains basic information about each case.
Decide how you want to respond
If you do not do anything after your husband’s files for divorce, then your husband/husband can proceed with the divorce without thinking about your opinion. If this occurs, a divorce ruling may be issued because your husband’s divorce terms do not appear. This may not be a problem if you do not have children, you have no debt or assets to divide and your wife is not harmed to get support from the husband. However, it is best for you to participate if you have children, property or other important matters in the divorce case.
Pay attention to deadlines
There are strict deadlines to be met in the divorce case. To participate in the case, you must provide a response to the divorce petition before the quotation deadline. This is 21 days from the day they made their personal legal delivery (they gave you the papers at hand), or 28 days if they made the legal delivery by mail or outside of Michigan. You can also file a lawsuit against divorce, in which you ask the court to divorce and clarify the conditions you want. If you file a lawsuit against divorce, you must file and make legal extradition at the same time as submitting and delivering your legal response.
You can use the “Do It Yourself” tool: Reply to divorce and respond to preparing a response or response and a counter-response.
Lack of appearance
If you do not respond by the deadline, the court can pass a ruling that you will not appear against you. If a judgment is passed because there is no appearance, you can only participate in the case if you apply to cancel the ruling and grant the judge your request. If a judgment is passed because it does not appear in your case, the judge may make decisions about your marriage, assets, children and other matters without your inputs.