we have one child who is 1 and we live in the state of michigan which is a no fault divorce state. Can this be done without the use of a lawyer as we have already figured separation of assets, child custody and child support.
Yes, you can file without a lawyer but it is not wise. Consider at least having your agreement reviewed by an attorney as it will be the basis of your relationship and rights for much of your future. It is always better to do it right the first time as mistakes are expensive, and sometimes impossible, to fix.
It is not as easy as you may think. It involves more than filling in some blanks. Unfortunately, many individuals who have undertaken the role of a lawyer (by representing themselves) often do not understand the ramifications of the mistakes they make, since court personnel are not allowed to give you advice or advise how something is to be prepared, filed or stated. I would only hope that one not be "penny wise and dollar foolish" because the child, as well as one or both of the parties, could be detrimentally affected. Short of hiring a lawyer, I'd begin a "Google Search" on how to represent one's self in a divorce proceeding.
Neil M. Colman
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The short answer to your question is yes, one party can file a divorce case and the two parties can continue through the case "in pro per," which is the term the courts use for parties who are not represented by attorneys in court.
I think there are several reasons that this is not the preferred way to handle a divorce, especially with a child, for the benefit of the parties as well as for the court.
Many people are trying to handle divorces these days without attorneys to avoid the cost. But what they overlook is that the attorneys are skilled in knowing what the laws are around Custody, Support, Parenting Time, and Property Division. While there is a cost associated to having an attorney, people don't always realize what the cost is to not having an attorney.
A major problem with going through a divorce, especially with a child, without an attorney is that the Court will not give you legal advice, and trust me when I tell you that you will reach moments during the process where you will need to know the law. It is Court after all. And the Court will not tell you when you are making a decision that is not in your best interest, that is what an attorney is for.
So my final answer is that while you can do it without an attorney, I would not recommend it.
I read everyone's answer but I think no one has given you what you are looking for: $750 plus filing fee. I am representing a woman, right now, who tried THREE times to do this herself and for procedural problems, her case got dismissed every time. Just call me and we will make it simple.
You can get a divorce without a lawyer, but with costs so low because of the economy, why would you? The State of Michigan does not have any approved court forms, so you would need to get the language for the Complaint and Judgment from another source. Also, make certain you will liketo custody arrangements, as they are difficult to change on short notice. Finally, even if you have agreed on child support, you need to know if it meets the FOC guidelines. or the Judgment may not be accepted by the Judge.
Can you do this without the help of an attorney? Of course, you can. The real question is should you do so without an attorney? Probably not. If you are looking to save money, doing it yourself is an option, but as others have answered here you will get no help from the Court clerks, the Judges, or anyone else on their staffs because by law they cannot give you advice. Courts speak only through their written orders, so if you make a mistake or get things wrong it will take a lot more time -- both in and out of Court -- to fix it. Think of it this way: do you do all of your own car repairs? Do you do all of your own plumbing? Electrical? Surgery? Probably not -- you hire experts who are trained and skilled in these subjects to handle the job for you. You should seriously consider doing the same thing by hiring a lawyer to assist you and to make sure everything is done correctly the first time. Good luck.
teven Arnold HeislerDivorce / Separation LawyerMarine City, MI ·
The short answer is YES, however it may not be the best thing for you to do. When someone calls my office with the idea we agree on EVERYTHING, I ask them, what is EVERYTHING. In most cases they have forgotten something the law requires them to address in a final judgment. What I suggest is obtain an attorney that can consult with YOU and draft a proposed judgment. If your spouse agrees, then the case can be filled and the parties can sign. If the spouse does not agree, then those issues can be addressed and if both parties then agree, a redraft of the judgment can be created for the parties to sign. I have found this works very well and some of my client even hire me to just draft the documents, not go to court. This can save a lot for a client if everyone agrees on everything. Best of luck
