Divorce with Minor Children - Default Judgment

Note: These instructions are general instructions for use in any Michigan County. Please be aware that some steps will vary from county to county. Specific instructions for your county are not yet available. Contact your circuit court clerk’s office to find out which steps might be different in your county.

Use the Do-It-Yourself Divorce tool to prepare the forms that you need. You will not file all of these forms at the beginning of your case; some you will file later. You will need to make copies of some of the forms. The instructions below explain which forms you need for each step and how many copies to make.

Some of the steps after this one may have slightly different information for you depending on how you will file with the court. Each court decides how it will accept documents for filing. Contact your court to find out which methods are available. Depending on your court, you may be able to file by:  

• In-person filing
• E-mail
• E-filing using MiFILE
• Mailing or dropping off documents

You can find contact information for your court on the Courts & Agencies page of Michigan Legal Help.

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.

It will cost you at least $175 to file a complaint for divorce with minor children. There is also an $80 judgment fee due at the time of filing. There may be more costs, such as charges for having papers served on your child’s other parent, motion filing fees, and costs for alternative dispute resolution services (mediation).

If you are unable to pay the filing fee and judgment fee, you can ask the court to waive them. Your case will not start until you pay the fees or your Fee Waiver Request is approved.

The clerk of the court must automatically approve your fee waiver if any of these are true:

• You receive public assistance based on having low income (examples: FAP, SNAP, Healthy Michigan, CHIP, ESO, FIP, TANF, WIC, SSI);
• You are represented by a legal services program that receives funding from the Legal Services Corporation or the Michigan State Bar Foundation; or
• You are represented by a law school clinic based on having low income.

If you do not fit into one of these three categories, a judge will review your Fee Waiver Request. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees.

If you receive public assistance based on having low income, a completed Fee Waiver Request will print out with your other documents from the Do-It-Yourself Divorce tool. Otherwise, you can use the Do-It-Yourself Fee Waiver tool to prepare a Fee Waiver Request.

To learn more, read Fee Waivers in Court Cases.

You must sign and date each form that has a signature line. If you chose to sign electronically, this is already done. The electronic signature will look like this: /s/ Your Name.

You must get the Uniform Child Custody Jurisdiction Enforcement Act Affidavit notarized. Wait to sign it until you are in front of a notary. There may be a fee for notarization. You can usually find a notary at a bank or at the court clerk's office. Some copy and print shops also offer notary services for a fee. Contact the bank or other location to make sure that a notary will be available at the time you plan on going. 

After you sign your documents, make copies as follows: (In some counties the court clerk’s office will make the copies for you. You can call the clerk’s office ahead of time to ask whether you need to make your own copies.

• Fee Waiver Request (if needed) – 3 copies
• Summons – 3 copies (Keep the second page to use as a Proof of Service)
• Complaint for Divorce with Children – 3 copies
• Uniform Child Custody Jurisdiction Enforcement Act Affidavit – 3 copies
• Verified Statement – 3 copies
• Application for IV-D Child Support Services (form DHS-1201D) – 3 copies

The original of each document gets filed with the court. Copies of the documents are for each of the following: Plaintiff (you), Defendant (your spouse), and the Friend of the Court. If you are filing either by e-mail or using MiFILE, you will not need to file an extra copy for the Friend of the Court. You will only need to make copies for yourself and the other party.

Please note that completing the documents on Michigan Legal Help or LawHelp Interactive does not file anything with the court. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically. To learn more about filing methods that may be available, read Step 1. If you are e-filing using MiFILE, you will need to know the case-type code. The case type code for divorce with minor children is DM.

If you are filing in person or need contact information for the court, click on Courts & Agencies for the address and phone number of the court. 

It will cost you at least $175 to file a complaint for divorce with minor children. There is also an $80 judgment fee due at the time of filing. There may be more costs, such as charges for having papers served on your child’s other parent, motion filing fees, and costs for alternative dispute resolution services (mediation).

Pay the filing fee or file a Fee Waiver Request along with the following documents:

• Summons
• Complaint for Divorce with Children
• Confidential Case Inventory (if needed)
• Uniform Child Custody Jurisdiction Enforcement Act Affidavit
• Verified Statement 
• Application for IV-D Child Support Services (form DHS-1201D)
• Record of Divorce or Annulment (depending on your county)

If you are filing in person at the court clerk's office, give the clerk all of the originals and all of the copies. The clerk will assign a case number and a judge to your case and will stamp and sign the Summons. The clerk will return copies of all the divorce papers that the court doesn’t need.

You must have your spouse served with (notified of) the divorce action. There are several different ways you can have papers served on your spouse. For more detailed information, see the article How to Serve Divorce Papers.

Your spouse must be served one copy of each of the following:

• Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request)

• Summons

• Complaint for Divorce with Children

• Uniform Child Custody Jurisdiction Enforcement Act Affidavit

• Verified Statement

• Application for IV-D Child Support Services (form DHS-1201D)

• Friend of the Court Handbook (Print a copy of this Handbook from the Michigan One Court of Justice website.)

You have 91 days from the issue date on the Summons to have your spouse served with the divorce papers, or your case will be dismissed. If you are having trouble getting your spouse served in this time, you can file a Motion for Second Summons. 

After your spouse has been served with the divorce papers, the person who served the papers must complete the Proof of Service form (the second page of the Summons). Normally, this person will file the Proof of Service with the court and return a copy to you, but you should talk about this with the person beforehand.

If you will be filing the Proof of Service in person at the courthouse, make two copies, and file the original and one copy with the court clerk's office. Keep the other copy for your records. If you file through MiFILE or e-mail, you will not need to make copies.

The Friend of the Court (FOC) assists the court in making custody, parenting time, and child support decisions. Depending on your court, you may be required to attend Friend of the Court mediation or another type of FOC meeting. If an FOC meeting is required, it is important to understand the scheduling process. Ask the court clerk if the court will automatically schedule a Friend of the Court meeting in your case. The clerk may give you a scheduling order or information about scheduling the meeting yourself. Each court is different. If you are in a county with a required Friend of the Court meeting and you don't schedule it, your case may be dismissed for lack of progress. 

To learn more about the Friend of the Court, read Friend of the Court Overview.

If there has been domestic violence in your relationship with the other party, your case may be exempted from a Friend of the Court meeting. The FOC must screen your case for domestic violence. 

If a temporary order is entered as a result of a Friend of the Court process, you must file a Domestic Relations Judgment Information form with the Friend of the Court. 

Depending on your county, you may also be required to attend the SMILE Program, an educational program for separated parents with minor children. The goal of SMILE is to help parents better understand the effects of divorce, the needs of their children, and their roles in promoting their children's healthy adjustment to divorce.

If your spouse does not file an Answer within the time limit stated in the Summons, file a request with the court to enter a default. There is no cost for this.

Find the Default Request and Entry form that you got from the Do-It-Yourself Divorce tool. Enter your case number and the name of the assigned judge in the top right corner of the form.

You must get the Default Request and Entry form notarized. Wait to sign it until you are in front of a notary. There may be a fee for notarization. You can usually find a notary at a bank or at the court clerk's office. Some copy and print shops also offer notary services for a fee. Contact the bank or other location to make sure that a notary will be available at the time you plan on going. 

Then file the Default Request and Entry the same way you filed your initial forms. If you are filing in person at the court clerk's office, ask the clerk for three copies of the signed Default Request and Entry form. File one copy for the Friend of the Court. If you are filing by e-mail or MiFILE, you will not need to file a copy for the Friend of the Court.

Serve (send) a copy of the Default Request and Entry form that was signed by the clerk to your spouse.

You must serve this document electronically if you can and if the other party has access to e-mail. If you or the other party can't do this electronically, or if you are not sure, you can serve it by regular mail.

If you are using MiFILE to file documents electronically, your documents will be served electronically as long as the other party is also using MiFILE. If the other party is not using MiFILE, you will need to serve by e-mail, if possible, or by regular mail if electronic options are not available.

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.

If you are serving documents by e-mail, keep the following rules in mind:

• All documents must be in PDF format;
• The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
• If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
• Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.

Keep the other copy for the next step (Step 10).

If you served the Default Request and Entry through MiFILE, you will not need to file a Certificate of Mailing. 

However, if you served the form by mail or e-mail, you will need to file a Certificate of Mailing. On a copy of the Default Request and Entry form that was signed by the clerk, date and sign the Certificate of Mailing section. This is to certify that you have served the defendant with the Default Request and Entry form. If service was done by e-mail, cross out "by first-class mail addressed to their last-known addresses by MCR 2.107(C)(3)" and write “by e-mail to [defendant's e-mail address]."

If you will be filing in person at the clerk's office, make two copies of the Default Request and Entry with the completed Certificate of Mailing, and file the original and one copy with the clerk's office. Keep the other copy for your records. If you file through MiFILE or e-mail, you will not need to make copies.

You will need to schedule a hearing to enter a Judgment of Divorce by default. The hearing date usually needs to be at least six months after the date you filed your divorce. The hearing could be sooner if you filed a motion to waive part of the waiting period and the judge granted a waiver. If you do not schedule a hearing during or shortly after the six month period, the court may dismiss your divorce case for lack of progress.

After you get your hearing date and time, file a motion to have your judgment entered by default. The Do-It-Yourself Divorce prepared two different Notice of Hearing and Motion forms. Use the one that says "Motion for Entry of Default Judgment of Divorce" after "Motion title."

At the top right of the Notice of Hearing and Motion, fill in the case number and judge's name. In part one of the Motion section, fill in the date that you filed your Complaint for Divorce.

If you are filing in person, work with the clerk to get a hearing date and fill out the hearing information. If you are not filing in person (such as filing by MiFILE, e-mail, or mail), call the court and ask how they would like the hearing information to be completed. They may give you a hearing date or choice of dates, or they may ask you to leave it blank for the court to assign a date later.

Sign and date the Notice of Hearing and Motion before you file it. If you are filing in person at the court clerk's office, make three copies. File the original and one copy. That copy is for the Friend of the Court. The other copies are for the Defendant and for your own records. If you are filing electronically (through MiFILE or e-mail filing), you will not need a copy for the Friend of the Court.

You will have to pay a motion fee to schedule your hearing unless your fees were waived. 

To complete your divorce, you need to review and update (if necessary) the following documents that were prepared when you did the Do-It-Yourself Divorce:

• Judgment of Divorce

• Uniform Child Support Order

• Domestic Relations Judgment Information

• Record of Divorce or Annulment (depending on your county)

If the Friend of the Court has issued temporary orders regarding custody, child support, or parenting time, the terms of those orders must be stated exactly the same in the Judgment of Divorce and the Uniform Child Support Order. Fill in the child support amounts on the Uniform Child Support Order by hand.

Read all the terms of the Judgment of Divorce as it was originally prepared to see if you need to make any changes. You can make changes to the judgment by hand, but it is better to log back in to the Do-It-Yourself Divorce to make changes.

Use the username and password that you created when you did the Do-It-Yourself Divorce. After you are logged back in, click on the section that you want to change. Make the changes and reprint the documents you changed.

Mark the box on your divorce judgment that shows it is a default judgment. Mark the box on the top of the Uniform Child Support Order that shows it is a final order. Make a copy of the Judgment of Divorce and Uniform Child Support Order for your spouse and write “Proposed” above the title of each document.

The judge may ask you to enter testimony at the final hearing. The Testimony in Final Divorce Hearing script will print with your other documents if you completed the Do-It-Yourself Divorce. If not, you can print the script from the article Testimony in Final Divorce Hearing. Review the script, complete the blank spaces, and update information as needed. Bring this document with you to the hearing.

Your spouse must be served with the proposed final Judgment of Divorce, proposed Uniform Child Support Order, and the Notice of Hearing and Motion. Look back to Step 9 for information on how to serve these documents.

Service must be completed at least 14 days before the hearing date.

The Do-It-Yourself Divorce tool prepared two copies of a Proof of Service form. If you served your spouse by personal delivery, mail, or e-mail, complete a Proof of Service. Fill in each part of the form that applies, and check the boxes next to the names of the papers you served and the type of service. Date and sign the Proof of Service and file it. If you are filing in person, make an extra copy for your records. 

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

Call the Friend of the Court office at your court to find out if they need to approve the orders in your case before your final hearing. This is only required in certain counties. However, every court requires you to file your Domestic Relations Judgment Information form with the Friend of the Court (see the last paragraph of this step).

If Friend of the Court approval is required, make a copy of your Judgment of Divorce and your Uniform Child Support Order. Make two copies of your Domestic Relations Judgment Information form.

Before your hearing date, go to the Friend of the Court office with your papers. Tell the clerk you have orders you need the Friend of the Court to approve. Give the clerk your original Judgment of Divorce and the Uniform Child Support Order. The clerk will ask you to wait while someone reviews and approves your documents. 

File the original Domestic Relations Judgment Information form with the Friend of the Court. Keep one copy for yourself and one copy to serve on the Defendant. (This is required in all counties).

Below are brief instructions about attending your final court hearing. For more detailed instructions about going to court, watch the Going to Court video. 

Go to the judge’s courtroom on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the clerk and tell them your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Bring all of your divorce papers with you to the hearing, including all of the copies of the approved (if approval is required) Judgment of Divorce and Uniform Child Support Order. Be prepared to answer questions from the judge regarding the statements in your Complaint for Divorce.

When you are called, go to the place you are directed and answer the judge’s questions clearly and directly. If the judge asks you to read your own testimony (or proofs) into the record, use the “Testimony in Final Divorce Hearing” form to do so.

When the judge grants the divorce, you will be asked for your Judgment of Divorce and Uniform Child Support Order. The judge will sign all copies of the forms. You are responsible for filing and serving the signed Judgment of Divorce and Uniform Child Support Order. 

File the signed Judgment of Divorce and Uniform Child Support Order. If you are filing in person at the court clerk's office, also file copies of these forms for the Friend of the Court, and ask the clerk for two copies of the Judgment and the Support Order to take with you (one copy of each for your own records, and the other copies to serve on your spouse).

File your Record of Divorce or Annulment now if you are in a county where it was not filed at the beginning of your case.

Serve your spouse with a copy of the signed Judgment of Divorce, Uniform Child Support Order, and the Domestic Relations Judgment Information form within seven days of the final hearing. If your spouse is at the final hearing, you can give them copies in the courtroom. Otherwise, look back to Step 9 for information on how to serve these documents.

The Do-It-Yourself Divorce tool prepared two copies of a Proof of Service form. If you served the Judgment of Divorce and other forms by personal delivery, mail, or e-mail, complete a Proof of Service. Fill in each part of the form that applies. Check the “Judgment of Divorce,” “Uniform Child Support Order,” and “Domestic Relations Judgment Information” boxes on the Proof of Service. Also check the box next to the type of service. Date and sign the Proof of Service and file it. If you are filing in person at the court clerk's office, file the original Proof of Service and one copy, and get a copy for your records.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

If the judge signed your Judgment of Divorce and Uniform Child Support Order (UCSO) at your hearing, skip this step.

If the judge told you that you need to update your Judgment of Divorce and/or UCSO before they will sign it, do the following things.

(1) Update your Judgment of Divorce and/or UCSO based on what the judge ordered.

If you prepared your divorce forms using the Do-It-Yourself Divorce or the Do-It-Yourself Judgment of Divorce on Michigan Legal Help, you can log back into your saved answers on LawHelp Interactive to update your Judgment. For instructions on doing this, read LawHelp Interactive Instructions for DIY Tools.

You can’t update your UCSO using the DIY tools. You can find a blank UCSO form on the Michigan Courts website.

(2) Complete the Notice to Enter Order without Hearing form.

Fill out and sign the Notice to Enter Order without Hearing. 

(3) Serve the updated Judgment of Divorce and/or UCSO, and the Notice to Enter Order without Hearing.

Within seven days after your hearing, serve the other party a copy of the forms you updated and a copy of the Notice to Enter Order without Hearing. Look back to Step 9 for information on how to serve papers.

If you will file your documents in MiFILE in the next step, you can serve the defendant through MiFILE at that time, as long as it is still within seven days.

(4) File the updated Judgment of Divorce and/or UCSO and the Notice to Enter Order without Hearing.

On your Notice to Enter Order without Hearing form, complete the Certificate of Mailing portion at the bottom to show that you have served the other party. If service was done electronically, cross out "by first-class mail addressed to their last-known addresses as defined in MCR 3.203" and write in how you served your documents. If it is by e-mail, be sure to include the e-mail address you used. For example, you could write “I served this document by e-mail to [defendant's e-mail address]."

File the updated Judgment of Divorce and/or UCSO with the court using the same filing method you have used throughout your case. Also file the Notice to Enter Order without Hearing, with the completed Certificate of Mailing.

If you are filing in MiFILE, make sure you also click the option to serve the documents. If you serve the papers in MiFILE, MiFILE will create and file a Proof of Service for you.

What happens next?

If the defendant doesn’t file a written objection within seven days of when they were served with the Notice and the corrected Judgment and/or UCSO, the judge will sign the corrected Judgment and/or UCSO if they determine the forms are consistent with what they ordered at the hearing. If there is a problem with the Judgment and/or UCSO, the court will schedule a hearing and the clerk’s office will send you notice.

After the Judgment of Divorce is filed with the court clerk, the divorce is considered final. You and your ex-spouse must obey the terms of the judgment. If the other party fails to do what the judgment says, you can file a motion with the court asking the court to enforce the judgment. If the Judgment of Divorce changes a party's name, that party should also change their name with the Social Security Administration and Secretary of State.

For more information on what happens after your divorce, read Finishing Your Michigan Divorce with Minor Children.