More details to this question:
I filed for divorce. I received an answer where the defendant asked the court to order marriage counseling. I'm in the state of Michigan. I was told to wait 60 days to file a motion praecipe. This is obviously a hearing for motion, but for what, judgment of divorce? I'm not sure. Any information would be great. I have all the paperwork filled out, but I don't know exactly what this next step is and do I attach something with the motion praecipe? Thanks.
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is impossible to provide a firm answer to the question as you have posted it. Making the assumption that there are no minor children, I suspect the clerk has effectively informed you that no divorce can be granted for the 60 days after the date of filing. At that point, you can present to the court, if there is no payment dispute, a proposed judgment or default judgment is the opposition has not answered appropriately. I would strongly suggest that you consider calling my office for engaging another attorney to at least assist you in writing the proposed judgment and making sure that all of the statutory requirements are met and you have covered all the bases. Such a consultation does not necessarily require that the attorney represent you in court but should help you in the completion of the process of money is an issue, which is always is. Good luck.
Answered on Jun 12th, 2013 at 10:45 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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It depends on the county you are in. Some will schedule the case for a PRE trial. If there are no children and no property you could file after 60 days a motion for summary disposition to try to conclude the divorce. Like it or not you should invest in an attorney. Handling your own divorce is like removing your appendix on your own. Sure you can do it, but it may be a mess.
Answered on Jun 12th, 2013 at 10:45 PM