DIVORCE

When parties decide to terminate their marriage, they must go to court to do so. When the parties decided to get married, they went to a government agency and obtained a license. When they want to terminate the marriage, they must go to a court of law. The procedure in Midland County is as follows:

1. File a Complaint. This is a legal document filed with the Circuit Court of Midland County to ask the judge to terminate the marriage. Once the complaint is filed the person receiving the complaint is obligated to answer. Failure to do so may result in a ruling in favor of the person who filed the complaint. This ruling is called a default.
2. If the parties have children under the age of 18, the parties will be requested to attend several meetings with the Midland County Friend of the Court office.
3. If a Temporary hearing is needed the Friend of the Court Referee will make written recommendations the Circuit Court Judge who adopts the recommendations and orders the parties to follow them unless objections are filed. If objections are filed, a hearing is held in front of a Circuit Court judge. Then his decision becomes an order that the parties must follow until the final judgment of divorce is entered. If more information is needed about Friend of the Court, see their website at Midland County Friend of the Court
4. A pre-trial conference is scheduled in Circuit Court to tell the judge whether the parties have decided the terms and conditions of the divorce or whether a trial is necessary.
5. If the parties have reached an agreement with respect to all the terms and conditions of a divorce, a hearing is scheduled to state in open court the relevant provisions of the divorce. This hearing is called a Pro-Confesso Hearing (Pro-Con).
6. If the parties have not reached an agreement with respect to all the terms and conditions of a divorce, a trial is scheduled in Circuit Court to state the relevant issues about which the parties disagree.
7. The judge renders a decision. This decision may be oral and rendered at the conclusion of the trial or it may be issued in writing at a later date
8. After the Pro-Con or after the judge’s decision following a trial a written Judgment of Divorce is prepared for the parties and the judge to sign. If there is a child under 18 or a provision for spousal support, the Friend of the Court Office’s signature should also be obtained.
9. If there is a child under 18 or a provision for spousal support, the Friend of the Court Office's signature should also be obtained.
10. After the judge signs the (and if necessary Friend of the Court) , it can be filed along with the record of annulment in the Circuit Court Clerk's office. The language in most divorces states that once the judgment is filed, the marriage is terminated and the parties are divorced.

Separate Maintenance

Separate Maintenance actions are not filed very often because if the parties want a divorce after its granted, a whole new legal proceeding must be initiated. If, however, the parties decide, (before the final judgment is entered that they prefer a divorce), the Separate Maintenance action can be converted to an action for divorce.