Defend and Divorce Law
The contents of this webpage are Copyright ï½© 2012 Susan Chrzanowski, PLLC. All Rights Reserved. Susan Chrzanowski, PLLC specialized in Criminal law, Drunk Driving, Sex Crimes, Drug Charges, Divorce, Family Law, Child Support, Divorce Lawyers, Family Law Attorneys, Wills and Trusts, Estate Service. Servicing Mt. Clemens, MI, Warren, MI Sterling Heights, MI, Troy, MI. People usually search keywords: Attorneys in Mt. Clemens, MI, Family Law Attorney in Mt. Clemens, MI.
The Divorce Process
1. A Complaint for Divorce is filed setting out the facts and circumstances of the case and typically several Orders will be submitted for approval by the assigned Judge.
2. Service of Process: The Plaintiff must provide notice to the Defendant that a Complaint for Divorce has been filed. This is accomplished by having the Defendant served with the papers. Service can be obtained personally by a process server or by certified mail, restricted delivery. Personal service is the preferred method; however, there are other options available if your spouse is avoiding service.
3. Within 21 days of being served the Defendant must file a formal Answer to the Complaint for Divorce. A failure to answer the Complaint timely can result in a negative outcome for the Defendant, such as loss of property, custody or a money judgment. If you are a Defendant, always protect your rights by contacting an attorney immediately after receiving notice of a legal proceeding.
4. Discovery during a divorce proceeding is a process by which the parties exchange information to verify facts and discover information about each other.
5. Early Intervention Conference: If your case involves minor children, the first court appearance is followed by an Early Intervention Conference in some counties. The purpose of this conference is to meet with the Friend of the Court Referee assigned to your case and schedule dates and potential referrals regarding custody, parenting time and support.
6. SMILE (Start Making it Livable for Everyone) Program (this step only applies to cases in Oakland and Macomb Counties). After the EIC the parties are required to attend a class which will be hosted by one of the Family Court Judges and a psychologist. This presentation takes approximately 1 ï½½ hours.
7. Mediation: Mediation is a non-binding informal process with a third, neutral attorney who listens to both parties’ positions and attempts to facilitate a settlement. Mediation is helpful in many cases to resolve the issues in less costly, time-saving, manner.
8. Settlement Conference: If mediation is not successful the court will schedule a settlement conference before the Judge in an attempt to see if the parties can settle the case. If mediation is successful, typically the settlement conference date will serve as the date your case is finalized and a Judgment of Divorce entered.
9. Trial/Arbitration: If a case proceeds to trial the Judge will make a determination regarding the disputed issues after both sides present their arguments. Sometimes, in lieu of going to trial before a Judge, the parties will agree to go to voluntary binding arbitration. The Arbitrator will act as the Judge and make a final determination regarding all issues submitted to binding arbitration. It is very important to note that arbitration is binding with limited rights to appeal a bad decision. However, most cases, but not all, settle before going to trial or arbitration.