Where to File for Divorce in Macomb County?
Family law matters in Macomb County are processed by the Circuit Courts in the Macomb County Court Building.
40 N. Main Street, Mt. Clemens, MI 48043
Phone: (586) 469-5150
Business Hours: 9:00 a.m. – 4:30 p.m., Monday through Friday
📋 The Requirements for Divorce in Macomb County
To file for divorce in Macomb County, at least one of the spouses must have resided here for 10 days or more before starting the case. Besides, they must be a Michigan resident for no less than 6 months immediately preceding filing the Complaint.
📌 Filing for Uncontested Divorce in Macomb County
To file for an uncontested divorce in Macomb County, you would need to take the following steps:
- Obtain the forms necessary for your situation. Fill them out attentively, sign them, and notarize the ones that require notarization.
- File the initial set of divorce papers, including a Complaint for Divorce, with the county court, pay a filing fee, and receive the time-stamped copies from the clerk.
- Serve the defendant with one set of paper copies within 90 days after filing. Since you cannot hand-deliver the documents to the other party on your own, you must use one of the legally acceptable methods.
- Have the process server complete and file the Proof of Service form with the court.
- Wait for the defendant to file an Answer within 21 or 28 days, depending on the service mode, and serve it on you.
- Complete a state-mandated waiting period that starts when you file the Complaint and lasts 6 months if you have children or 60 days if you don’t.
- You may have a case management conference or pre-trial if you still need some help with settling the divorce-related issues.
- When the waiting period is over, schedule a final hearing with the clerk and file a Notice of Hearing.
- You may also file a Motion to Enter a Consent Judgment.
- Bring the rest of the completed paperwork, including a Judgment of Divorce, to the courtroom on the hearing date and answer the judge’s questions, if any.
- Take the Judgment and other papers signed by the judge and file them with the court clerk.
- Get the certified copies from the clerk. Your divorce is finalized.
🗂️ Required Divorce Forms in Macomb County
The papers you need to file with the court to start a divorce depend on your specific circumstances. The most common forms required in uncontested cases include:
- Complaint for Divorce
- Summons
- Civil Case Cover Sheet
- Verified Statement
- Proof of Service
- Judgment of Divorce
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit (UCCJEAA)
- Uniform Child Support Order
This list is too general and approximate. Naturally, child-related forms are unnecessary for couples that do not have kids, for example. Instead, you might need some other documents depending on your plans, such as for alimony or property division, or the ability to pay the court fees. It is always better to research and consult a court clerk first to know which forms must be included in your divorce package.
💳 Macomb County Divorce Filing Fees
The current filing fees for civil actions in Michigan typically start at $150. However, they may vary even within a county depending on your unique family situation, involvement of children, additional requests to court, etc. Supplementary services would also entail other costs.
It is better to contact the clerk at the Macomb County Court Clerk’s Office website to clarify all the fees associated with your specific divorce case. Besides, the clerk may prompt you on how to request a fee waiver and explain if you qualify for it.
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