5 Ways To File Motion For Default Judgment Divorce Michigan

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In the state of Michigan, a divorce can be a lengthy and stressful process. However, when one spouse fails to respond to the divorce complaint, the other spouse may be able to file a motion for default judgment. This can significantly speed up the divorce process, allowing the moving party to obtain a divorce decree without having to wait for a trial. In this article, we will discuss the five ways to file a motion for default judgment in a divorce case in Michigan.

What is a Default Judgment in a Divorce Case?

A default judgment is a court order that grants the divorce without requiring a trial. This type of judgment is typically entered when one spouse fails to respond to the divorce complaint or appear in court. In Michigan, a default judgment can be entered if the non-responding spouse fails to file an answer or appear in court within the required time frame, usually 28 days.

Understanding the Process of Filing a Motion for Default Judgment

Before filing a motion for default judgment, it's essential to understand the process involved. The moving party must ensure that they have followed all the necessary steps and have met the required conditions. Here are the five ways to file a motion for default judgment in a divorce case in Michigan:

Method 1: Filing a Motion for Default Judgment with the Court Clerk

The first step in filing a motion for default judgment is to submit the motion to the court clerk. The moving party must prepare a written motion, stating the grounds for the default judgment, and file it with the court clerk. The motion must include:

• A caption with the court's name, case number, and the parties' names
• A clear statement of the grounds for the default judgment
• A statement of the relief sought, including the divorce decree
• A certificate of service, indicating that the motion has been served on the non-responding spouse

Method 2: Filing a Motion for Default Judgment with the Court Administrator

Alternatively, the moving party can file the motion for default judgment with the court administrator. The court administrator will review the motion and ensure that it meets the required conditions. If the motion is granted, the court administrator will enter the default judgment, and the divorce decree will be issued.

Method 3: Requesting a Default Judgment through a Stipulated Order

Another way to obtain a default judgment is through a stipulated order. This method involves the moving party and the non-responding spouse agreeing to the terms of the divorce decree. The stipulated order must be in writing and signed by both parties. Once the order is filed with the court, the court will enter the default judgment, and the divorce decree will be issued.

Method 4: Filing a Motion for Default Judgment with a Supporting Affidavit

The moving party can also file a motion for default judgment with a supporting affidavit. The affidavit must state the facts that support the default judgment, including the non-responding spouse's failure to respond or appear in court. The affidavit must be sworn to under oath and must include specific details, such as the date and time of the divorce complaint's service.

Method 5: Requesting a Default Judgment through a Court Hearing

Finally, the moving party can request a default judgment through a court hearing. This method involves the moving party attending a hearing and presenting evidence to support the default judgment. The court will then review the evidence and enter the default judgment if the non-responding spouse fails to appear or respond.

Conclusion

Filing a motion for default judgment in a divorce case in Michigan can be a complex process. However, by following the five methods outlined above, the moving party can increase their chances of obtaining a default judgment. It's essential to ensure that all the necessary steps are taken, and the required conditions are met. If you're considering filing a motion for default judgment, it's recommended that you consult with an experienced family law attorney to guide you through the process.