Divorces begin when one or both parties decide ...

... there's been a breakdown of the marriage and decide to end it. The party who files the court action is the plaintiff. His or her attorney files a Complaint for Divorce with the County Clerk's Office. The Friend of the Court receives copies of the Complaint.

The other party, the defendant, may dispute some of the plaintiff's claims. If the defendant files a response with the County Clerk's Office, the case is contested.

The attorneys may request that the Court enter an order to preserve the status quo during the divorce proceedings. The order may be called an Ex Parte Order or a Temporary Order. Child support and parenting time may be included in these orders. Attorneys always write the orders; judges do not write orders.

Before the final Judgment of Divorce is granted, decisions must be reached on:

• Who will provide the care, control and maintenance of the minor children? (Custody)

• What contact will the children have with the non-custodial parent? (Parenting time)

• How shall the assets the parties acquired during the marriage be split? (Property settlement)

• What financial contribution shall the non-custodial parent make to the support of the child? (Child support, medical expenses)

• What contribution, if any, should one party make to support the other, either permanently or temporarily? (Spousal support)

• Will the wife take back her maiden name? (Restoration of maiden name)

• Will the minor children be removed from the state of Michigan by the custodian? (Permission to leave the jurisdiction)

• What arrangements, if any, will be made for the grandparents to have contact with the grandchild? (Grand parenting time)

• How will the tax laws be considered in deciding support and property matters?

• Will the parties consider college expenses?

The judge will make decisions on those matters presented to him/her. Many of the decisions listed above are resolved without a hearing before the judge.

In cases involving minor children, the court is required to wait six months from the time of filing the action before a divorce may be granted. During this waiting period, the Friend of the Court may investigate; the parties and attorneys may negotiate; and sometimes the parties may reconcile. Many parties become involved in counseling and mediation during this time.

After the waiting period, the case is scheduled for a hearing before the judge. In many cases, the matters are resolved, and the court simply takes the testimony of one of the parties and grants the divorce. The divorce papers are called the Judgment of Divorce. The judgment is prepared by the attorneys and presented to the judge for signature. After the Judgment of Divorce is filed, any matters that come before the court are referred to as Post Judgment Proceedings.

In simple cases, the parties may appear in court only once; in complex or highly emotional cases, the parties may be in and out of court and at the Friend of the Court Office repeatedly.