Friend of the Court
The Friend of the Court (FOC) is part of the family division of the circuit court. The FOC helps the court in cases involving custody, parenting time, and child support. Some of the duties the FOC performs are:
- Investigating and issuing recommendations on custody, parenting time, and child support
- Helping the parties settle disputes during and after their case
- Providing enforcement services on existing custody, parenting time, and support orders
In some counties, all divorce cases with minor children are automatically scheduled for a meeting with the Friend of the Court. There are different types of Friend of the Court meetings, such as mediation, where the Friend of the Court worker tries to help parties reach agreements on issues involving their children. Some types of Friend of the Court meetings may result in a recommendation to the judge on custody, parenting time, and support.
To learn more, read Friend of the Court Overview.
Mediation
You may be referred to mediation during the waiting period to help you and your spouse reach an agreement about the contested issues in your case (for example: property and debt division, child custody, etc.). A mediator is a neutral person who helps you and the other party try to work out an agreement. You could be referred to mediation if you agree to it or if the judge orders it. There may be a fee. A mediator may be a Friend of the Court mediator or a private mediator. To learn more, read Mediation and Other Forms of Settlement and Friend of the Court Overview.
Some cases are not appropriate for mediation. Your case might be excused from mediation for any of the following reasons:
- You or the other party have a personal protection order against the other
- Your children have been abused or neglected
- There has been domestic violence in your relationship
- You or the other party is unable to negotiate for themselves at the mediation
- There is reason to believe that the health or safety of one or both of you will be put at risk by mediation
Arbitration
You and your spouse may agree to go to arbitration if there are issues in your case you don't agree on. Arbitration is a voluntary process. This means both parties have to agree to go to arbitration, and they must agree on what issue(s) the arbitrator will decide. The parties pay the arbitrator a fee to hear and decide their case.
Arbitration is different from mediation because the arbitrator’s decisions are binding in the same way that a judge's decisions are binding. The arbitrator is a neutral third party who is trained in making these decisions. Their decisions become part of the final judgment in a court case.
Motions
If your spouse files any motions in the divorce case, a hearing will normally be scheduled. You have the option to file a timely response to the motion and appear at the court hearing. A written response should be filed at least three days before the hearing. You must also have it served at least three days before the hearing if it is served on your spouse in person, or at least five days before the hearing if served by mail.
Dismissal
While your divorce is pending, you and your spouse may decide you don’t want to get divorced. If you want to dismiss your case, a lot depends on how far along you are in the divorce process.
If your spouse filed a complaint for divorce, and you have not filed an answer or motion in the case, your spouse can file a Dismissal. Your spouse can do this without your consent. If you have already filed an answer or motion, then the two of you must agree to dismiss the divorce. In that situation, you must also sign the Dismissal.
You can use our Do-It-Yourself Divorce Dismissal tool to prepare the forms you need.
Even if your spouse filed the complaint for divorce, you could decide to keep the case going. If you have already filed an answer or motion and do not agree to dismiss the case, your spouse can file a motion asking the judge to dismiss it. However, if you want to be divorced, it is likely that the judge will let the case continue.
Finalizing the Divorce
Your divorce might be resolved by:
- Default judgment, if you do not file an answer or participate in the case
- Negotiated judgment, where you and your spouse decide the terms together
- Mediated agreement, where you and your spouse meet with a mediator and decide the terms
- Arbitration agreement, where you and your spouse agree to have an arbitrator hear and decide the terms of your divorce
- Trial, where the judge hears and decides the terms of your divorce
After there is a default, an agreement, an arbitrator’s decision, or a judge’s decision, the judge will sign a Judgment of Divorce at a final court hearing. The Judgment will end your marriage and will decide child custody, parenting time, child support, spousal support (alimony), and property and debt division.
It is the Plaintiff’s responsibility to draft the Judgment of Divorce and mail you a copy before the final hearing. If you agree with all of its terms, you can sign the Judgment and the judge will enter it by consent.
If you are in default you still have the right to get a copy of the proposed Judgment before the final hearing. Then, you can attend the hearing and let the judge know which of the terms you don’t agree with. However, because you have been defaulted, you may have to take extra steps to ask the court to set aside the default before you can participate.
What Are the Requirements for Getting a Divorce in Michigan?
Below are certain requirements for getting a divorce in Michigan, and other information.
You or Your Spouse Must Be a Resident
Either you or your spouse must have lived in Michigan for at least the last 180 days before the case is filed. The case must be filed in circuit court in the county where either you or your spouse has lived for at least ten days before filing. Most people file in the county where they live, but it could be filed where the other spouse lives instead.