Enter Divorce Judgement call Flint Divorce Attorney Terry Bankert 235-1970

Procedure for entering divorce judgments. §§1.44–1.53.

No divorce judgment may be entered without a hearing in open court at which proofs are taken. The testimony of at least one party must establish the statutory grounds and jurisdiction.

Posted here by Flint Divorce Attorney Terry R. Bankert http://www.attorneybankert.com. Flint Divorce Lawyer Terry R. Bankert can be reached at 810-235-1970.Primary sourceMichigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01 (last updated 01/20/2012). Additional articles on Bankruptcy and Divorce. http://occupyflintlegal.wordpress.com/

No proofs or testimony can be taken until 60 days after the complaint is filed, or 6 months if there are minor children. The court may not shorten the 60-day period, but may reduce the 6-month period to as few as 60 days if there is “unusual hardship or compelling necessity.”
The parties may preserve testimony during the waiting period.

Uncontested cases. §1.46. An uncontested divorce judgment may be entered after an actual default or after the parties reach agreement.

After an agreement is reached, the parties may agree that one will withdraw pleadings and follow the default procedure, or, if the waiting period has passed, a settlement may be placed on the record and papers filed later.

Default judgments. §§1.46–1.50. The grounds are same as in other cases (e.g., failure to plead or failure to comply with other court rules).

The party seeking a default files a default, notice of entry of default, and an affidavit of default, and sends notice of entry of default to all parties.

A default may be filed at any time after the grounds are established, but the waiting period or other requirements may delay entry of the default judgment.

If the defaulted party has appeared, the party seeking entry of the judgment must give the defaulted party written notice of the request for entry of the judgment at least seven days before the hearing. See §1.50 for what constitutes an appearance.

If the defendant has not appeared, a nonmilitary affidavit must be filed before the default judgment of divorce can be entered.

Contested cases. The judge must state findings of fact and conclusions of law.

Branch County

Branch County
http://www.co.branch.mi.us/
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