In and around Oakland County, Michigan, divorce cases follow specific procedural rules under Michigan law. These are mainly contained in the Michigan Court Rules, which can be found here: https://www.courts.michigan.gov/rules-administrative-orders-and-jury-instructions/current-rules-and-jury-instructions/michigan-court-rules/
While divorces usually involve both spouses, some cases involve one spouse refusing to respond or being unable to be found. In these situations, the case still moves forward even without the other spouse’s participation. This process is known as a default divorce.
What Is a Default Divorce?
Under Michigan law, a divorce begins when one spouse files a Complaint for Divorce in the Oakland County Circuit Court’s Family Division. It’s the same process in every court here in Michigan. The Livingston County Family Court and the Macomb County Family Court all have separate judges to hear divorce, custody, parenting time and CPS cases. The divorce complaint must be properly served on the other spouse. If the defendant fails to respond within 21 days, or within 28 days under certain other circumstances, the plaintiff can request the court to enter a default judgment in favor of the plaintiff and against the defendant.
In some cases, if the spouse’s location is unknown, the court may allow service by publication or some other method approved by the judge. Once this is completed and the deadline for the spouse to respond has passed, the plaintiff can seek a default judgment.
When Do Default Judgments Usually Happen?
A default divorce can occur when a spouse is served with the Complaint for Divorce and fails to respond within the required timeframe. Or, the non-filing spouse simply ignores the legal paperwork.
How the Process Works in Oakland County
- Filing the Complaint – The plaintiff’s attorney files in the Family Division of Oakland County Circuit Court, meeting Michigan’s residency requirements.
- Serving the Defendant – The plaintiff must follow the service rules or, if necessary, request alternate service. Experienced family law and divorce attorneys are very familiar with the process and with each judge’s particular requirements.
- Waiting Period – Michigan law requires a minimum waiting period before a divorce can be finalized:
- 60 days if there are no minor children.
- 6 months if there are minor children, though the court can shorten this in certain circumstances.
- 60 days if there are no minor children.
- Requesting Default – If the defendant does not respond by the deadline, the plaintiff files a default request.
- Default Hearing – The court holds a short hearing, called a pro confesso hearing, to confirm residency, the breakdown of the marriage, and address property division, custody, parenting time, and child support.
- Judgment of Divorce – The judge signs the default judgment, which must be served on the defendant before the final hearing.
Risks of Default Divorce
For the plaintiff:
- If service was not attempted or completed correctly, the defendant can later challenge the judgment.
- The court may require additional proof if it believes efforts to locate the defendant were insufficient.
For the defendant:
- Failing to respond could mean losing the right to have input on property division, custody, or support.
- Once a judgment is entered, challenging it can be difficult unless you prove a lack of proper notice (Improper service).
Why Legal Guidance Matters
Default divorces may seem straightforward, but they involve strict procedural rules under Michigan law. In Oakland County, an experienced family law attorney can:
- Ensure proper service of process.
- Prepare thorough default judgment paperwork.
- Protect your rights in matters involving custody, property division, and support.
If you are facing a default divorce, whether you are the spouse filing or the one served, acting quickly is crucial to protect your rights. At The Kronzek Firm, our team understands the divorce process, even when one spouse refuses to participate. The legal deadlines are short, and missing them can have lasting consequences. We can guide you through the process and work with you to finalize your divorce. Contact our Oakland County office today to schedule a consultation.Our divorce attorneys have assisted thousands of Michigan clients and we also work in Livingston County, Macomb County and Jackson County,.
📞 Our seasoned attorneys have fought for Michigan clients for more than 32 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200. We’re available for crisis intervention on weekends and holidays. You can also email us at contactus@kronzek.law at any time.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]