How to Respond to Divorce Papers in Michigan

Being served with divorce papers in Michigan starts a strict countdown. Your response deadline depends on how you were served, and missing it can result in a default judgment — meaning the court may proceed without your input and you may lose the opportunity to contest property division, custody, and support unless the default is set aside.

Your Response Deadline

The clock starts the moment you're served:

• 21 days if served by personal delivery or acknowledgment of service
• 28 days if served by certified mail or served outside Michigan

These deadlines are firm. There's no automatic extension simply because you need more time to find a lawyer. If the deadline falls on a weekend or court holiday, it extends to the next business day.

Filing an Answer

Your Answer is a formal response to the allegations in the Complaint for Divorce. For each numbered paragraph in the complaint, you either admit, deny, or state that you lack sufficient information to admit or deny.

In practice, most Michigan divorce answers follow a pattern:

• Admit basic facts (date of marriage, names, address)
• Admit or deny the residency allegations
• You can admit or deny that the marriage has broken down — but under Michigan's no-fault statute, your denial doesn't prevent the divorce. The court only needs the plaintiff's testimony that the marriage is beyond repair.
• State your position on property, custody, and support

File the Answer with the Circuit Court Clerk in the county where the case was filed. There's no filing fee for the Answer itself.

Filing a Counterclaim

Along with your Answer, you can file a Counterclaim for Divorce — essentially your own divorce complaint requesting the terms you want. This is important for several reasons:

• It ensures the case proceeds even if the plaintiff later decides to dismiss their complaint
• It lets you formally state your requests for property division, custody, and support
• It puts your preferred terms on the record from the start

A Counterclaim doesn't mean the divorce becomes more hostile — it just means both parties have formally stated their positions, which actually helps the court and the Friend of the Court understand what's being disputed.

What Happens If You Don't Respond

If you miss the deadline, the plaintiff can file a Request and Entry of Default using SCAO Form MC 07. Once default is entered:

• You lose the right to participate in the proceedings without first asking the court to set aside the default
• The plaintiff can schedule a final hearing and present a proposed Judgment of Divorce without your agreement
• The plaintiff can ask the court to enter a judgment on property, custody, and support without your agreement, subject to the judge's independent review

Default doesn't mean you lose everything. The judge still must apply Michigan law — they can't award 100% of assets to the plaintiff just because you didn't respond. The court must still consider the equitable distribution factors, the best interests of the children, and the child support formula. But you won't be there to present your side.

You do get notice of the hearing. Even after default, the plaintiff must serve you with the default motion, proposed judgment, and notice of hearing at least 14 days before the final hearing. The plaintiff must also file a Non-Military Affidavit addressing your military status and Servicemembers Civil Relief Act protections.

Setting Aside a Default

To vacate (set aside) a default, file a Motion to Set Aside Default under MCR 2.603. You'll need to show:

• Good cause for the failure to respond (you were out of the country, hospitalized, never actually received the papers — not just "I was busy" or "I didn't think it was real")
• A meritorious defense — meaning you have legitimate positions on property, custody, or support that the court should hear
• No undue prejudice to the plaintiff from the delay

The longer you wait, the harder it gets. If the Judgment of Divorce has already been signed, you're looking at a motion to set aside the judgment — a higher bar with stricter time limits.

After You File Your Answer

Once your Answer is filed, the case moves into the active phase:

Financial disclosure. Within 28 days after the Answer is filed, both parties exchange Form CC 320 (Domestic Relations Verified Financial Information Form) with the four most recent pay stubs and the most recent federal and state tax returns with schedules.

Friend of the Court involvement. If children are involved and FOC services apply, the FOC schedules a conciliation conference to address temporary custody, parenting time, and child support.

Negotiation or litigation. In uncontested cases, both parties work toward a Consent Judgment. In contested cases, the court schedules a case management conference, and the parties proceed through discovery, mediation, and potentially trial.

Waiting period. Regardless of whether the case is contested, the statutory period runs from the original filing date: 60 days without children and ordinarily 180 days with children. A judge may waive up to the remaining 120 days for unusual hardship or compelling necessity, but not below 60 days.

The Michigan Divorce Filing Process Guide covers the defendant's path through the process with the same detail as the plaintiff's — including financial disclosure worksheets, FOC preparation checklists, and a timeline tracker that maps every deadline from the date of service forward.

See more Michigan guides →