Kent County Michigan Divorce Lawyer

Defending Your Michigan Divorce Case

This article discusses steps you should take if you are being sued for a divorce in Michigan.

Before you are served:

If you believe your spouse may file for divorce against you it is a good idea to meet with a divorce  lawyer to plan for the divorce.  Early planning can help you prepare for the divorce, avoid costly mistakes, and ultimately reduce arguments and attorney fees.  Often persons who have not consulted lawyers take steps based on bad advice from friends which can have a negative effect on the outcome of the case, and can add significantly to their ultimate attorney expense in undoing mistakes.  "An once of prevention is worth a pound of cure."

When you are served:

First, read the papers.  You may have been served with a court order in addition to the Summons and Complaint for Divorce.  If so, you will need to follow the terms of the order until such time as the order may be changed or rescinded.  Failing to follow a court order can result in your arrest, you may be held in contempt of court, and you may be punished for the violation.

Second, look for a Notice of Hearing.  There may be a Motion for Temporary Order or other Motion included with the papers.  Motions may be heard even before you are required to file an Answer in the case.  If you wish to be represented by a lawyer at the hearing, you are going to want to retain the lawyer as much in advance of the hearing as possible.  If you fail to show up for the hearing, your spouse will most likely get anything requested in the Motion.

Third, calculate your deadline for filing an Answer.  If you don't file an Answer, you can be defaulted.  If you are defaulted, you give up your right to have a say regarding the terms of the divorce.  This is the Number One Mistake people make in divorce cases. Even if you think you have an agreement with your spouse regarding the terms of the divorce, you will still want to file an Answer so that your spouse will have to submit his or her proposed Judgment of Divorce to you for approval.  Your deadline to file an Answer will be 3 weeks from the date of service of process, unless you were served by certified or registered mail, in which case the deadline is 4 weeks.  Do not wait until the last minute to take care of this. 

What To Do If You Did Not File An Answer On Time:

You are not automatically defaulted in a divorce case if you miss the deadline.  The deadline is the earliest you can be defaulted.  If you have not yet been defaulted, file an Answer immediately before you are actually defaulted.

If you have been defaulted, you will need to set aside the default before you can defend the divorce case.  It is hard to set aside a default and there is no guarantee you will succeed. If you succeed, you will likely have to pay court costs and attorney fees to your spouse.  Even if you intended to defend your divorce case without a lawyer, you are strongly advised to retain an attorney to try to get you out of default.  This is definitely not a do-it-yourself project. Your spouse's attorney will have no reason or incentive to deal with you or let you out of default if you are representing yourself.  Trying to do-it-yourself will not only likely fail, but you may end up in the hole for your spouse's attorney fees, and you will make it even less likely that an attorney you then hire will be able to get you out of default.  Hiring an attorney as soon as you find out you have been defaulted will increase your likelihood of success (but without any guarantee of success).  Also, the longer you go after being defaulted without filing a motion to set aside the default, the less likely you are to succeed with your motion.  Don't delay.

After You Have Filed Your Answer to the Complaint for Divorce:

Getting an Answer filed on time gets you into the ball game, but you still need to win.  The procedures and issues after the Answer is filed are similar to the procedures and issues facing the Plaintiff in the case.  If you have not already done so, consult an attorney regarding other steps you need to take to defend the case, to set goals for your settlement terms, and develop strategies to obtain fair settlement terms.  Please note that it is still possible to be defaulted if you do not show up for hearings or cooperate with discovery requests.  Just because you filed an Answer on time does not mean you have won anything other than the right to continue defending your case.

Free Initial Consultation

If you have been served with divorce papers in Kent County, you may obtain a free initial consultation with Michael Idema.  Call (616) 647-2200 to schedule an appointment.

Home   Planning for Divorce   Domestic Violence  Divorce Procedures    Custody and Parenting Time   Child Support   Alimony   Property Division   Going to Court   Negotiation   Mediation  Arbitration   Annulment   Separate Maintenance   Paternity   Attorney Fees    Forms   About Michael Idema

Michael Idema

Divorce Lawyer

6410-A Alpine Ave NW

Comstock Park, MI 49321

(Between 7 & 8 Mile Roads)

mike@michaelidema.com

(616) 647-2200

This is the Defending Divorce page

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Divorce Basics

• Planning for Divorce
• Domestic Violence
• Divorce Procedures
• Defending Divorce
• Custody and Parenting Time
• Child Support
• Alimony
• Property Division
• Going to Court

Settling Disputes

• Negotiation
• Mediation
• Arbitration

Annulment

Separate Maintenance

Paternity

Attorney Fees

Forms

About Michael Idema

©Michael Idema 2006 -2008

This web site provides information for general knowledge only, and is not a substitute for advice from a lawyer.  For advice about what to do in your specific case please call for a free initial consultation.