How to File an Answer and Counterclaim to a Complaint for Divorce without Children

Use the Do-It-Yourself Answer and Counterclaim for Divorce tool to prepare the forms you need.

If you complete only the Answer section, you will get an Answer to Complaint for Divorce and a Proof of Service.

If you complete both the Answer and the Counterclaim sections, you will also get a Counterclaim for Divorce (No Children).

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?.

There is no filing fee for an Answer to Complaint for Divorce or a Counterclaim for Divorce. You may be responsible for other fees in the divorce case, such as motion fees (at least $20 per motion). The judge may also require you to reimburse your spouse for court fees (if your spouse paid them) or to reimburse the court (if your spouse’s fees were waived).

If you are unable to pay those fees, you can file a Fee Waiver Request with the court clerk. Use the Do-It-Yourself Fee Waiver tool to prepare the Fee Waiver Request.

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.

To learn more, read Fee Waivers in Court Cases.

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.

After you sign your documents, make copies as follows if you will be filing in person at the court or by mail:

• Fee Waiver Request (if needed) – 3 copies
• Answer to Complaint for Divorce – 3 copies
• Counterclaim for Divorce without Children (if you are filing one) – 3 copies

In some counties the court clerk’s office will make the copies for you. Call the clerk’s office to ask whether you need to make your own copies.

If you will be filing either by e-mail or using MiFILE, you will not need to make copies.

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

• Fee Waiver Request (if needed)
• Answer to Complaint for Divorce
• Counterclaim for Divorce without Children (if needed)

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 return the copies that the court doesn’t need.

You must file and serve your Answer within 21 days of the date you were served with the initial divorce papers if the papers were given to you in person. If you received the initial divorce papers in the mail or if you were served outside the state of Michigan, you must file and serve your Answer within 28 days after you were served.

You must serve (send) the following to your spouse. If your spouse is represented by a lawyer, serve the lawyer instead. 

• Answer to Complaint for Divorce
• Counterclaim for Divorce without Children (if you filed one)
• Fee Waiver Request (if you filed one)

You must serve documents 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 the documents 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.

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.

Otherwise, you will need to complete and file the Proof of Service you got when you used the Do-It-Yourself Answer and Counterclaim for Divorce. Fill in the date of service and who you served (the plaintiff or their attorney). Check the boxes next to the names of the forms you served and indicate which method of service you used. Date and sign the Proof of Service and file it. If you are filing in person, make an extra copy for your records. 

Within 28 days after you serve the Answer, you must complete the Domestic Relations Verified Financial Information Form and sign it in front of a notary. Make a copy for your records, and serve (send) a copy to your spouse. Do not file the form with the court.

Your spouse must also fill out their own copy of the form and send it to you. 

You and your spouse must exchange these completed forms unless you agree in writing not to exchange them. 

How to serve this document:

You must serve (send) 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 serving 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.

You must file a Proof of Mailing after serving the form. If you served by e-mail, cross out “first-class mail” and write "e-mail." In the space for the other party's address, write the e-mail address instead.

Important!

If you are a survivor of domestic violence, sexual assault, or stalking by the other party, you may leave out any information which might lead to the location of where you live or work, or where a minor child (if any) may be found. If you are self-represented and do not provide your address because of domestic violence, you will need to give this form to the plaintiff at the first scheduled hearing instead of mailing it, unless you and the plaintiff agree otherwise or the court directs otherwise. If you leave out information, you must explain the reasons why in a sworn affidavit and file it with the court within 28 days after you serve the Answer.

You may get notice from the court of a pre-trial proceeding, such as a settlement conference. The court sets these to find out whether you and your spouse are likely to reach an agreement on all the issues in your divorce. If you get notice of a pre-trial proceeding, make sure you attend it. If you do not attend, decisions may get made without you.

If you get to a pre-trial proceeding in your case and you and your spouse have been unable to settle many of the issues in your case, consider hiring a lawyer or going to mediation. If you and your spouse cannot agree on all of the issues in your case, you will have a trial and the judge will make decisions for you.

After the pre-trial proceeding, expect a final hearing to be scheduled in your case to enter a Judgment of Divorce (JOD). If you and your spouse cannot settle the issues in your case, this will be a trial where the judge will decide the terms of your JOD. The hearing date will be scheduled after the waiting period.

You should get a copy of a proposed JOD from your spouse before the hearing. Read it carefully to see if you agree with the terms. If you and your spouse agree on all of the terms, you will likely enter your JOD by Consent, and will both sign it to show you approve. If you do not agree on all the terms, let the judge know at your final hearing.

These 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 court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. Go to the clerk and tell him or her 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.

When your case is called, go to the place you are directed and answer any questions the judge has. Speak clearly and directly.

When the judge grants the divorce, they will sign the Judgment of Divorce. In some counties the court will file your judgment for you, but in most counties this is the parties’ responsibility.

Make sure you get a copy of your Judgment of Divorce with the judge’s signature.

If the judge signed the Judgment of Divorce at your hearing, skip this step.

If the judge told the plaintiff that they need to update the Judgment of Divorce before it can be signed, the plaintiff will need to update the proposed Judgment and file it along with a Notice to Enter Order without Hearing. The Plaintiff must serve you with a copy of the updated Judgment and the Notice to Enter Order without Hearing within seven days after the hearing.

If you believe that the plaintiff's new proposed Judgment of Divorce is inconsistent with what the judge ordered at the hearing, you can file a written objection within seven days of being served with the documents. If you are going to file an objection, use this Objection to Proposed Order from the Michigan Courts website. If you are using this form, write specifically what is inaccurate or incomplete about the plaintiff's proposed Judgment. File the completed Objection and send a copy to the Plaintiff. Look back to Step 6 for information on how to send it.

If you don't file an objection on time, the judge will sign the Judgment of Divorce if they determine that it is consistent with what they ordered at your last hearing. If there is a problem with the Judgment, the court will schedule a hearing and the clerk’s office will send you notice.

Your divorce is final after the Judgment of Divorce is filed with the court clerk. You and your spouse must obey the terms of the judgment. If either party doesn’t do exactly what the judgment says, the other party can file a motion asking the judge to enforce the judgment.

If a wife has chosen to change her name, she should take a certified copy of the Judgment of Divorce to the Social Security Administration and the Secretary of State.

For more information on what happens after your divorce, see the article Finishing Your Michigan Divorce without Minor Children.