Seeking advice on filing uncontested divorce and requesting spouse to leave marital home in Michigan.

Question

I have been married for 13 years and would like to file my own papers for a divorce to save money. This will be an uncontested divorce with no children involved, and neither of us wants alimony or retirement from the other. We have split our assets, and we plan to split our personal debts between ourselves. I will retain the home, which was originally mine, but his name is on it, although he filed a quitclaim deed. He agrees to leave the marital home, and I want to ask if he can be requested to leave immediately upon filing. I am looking for advice on the potential implications of the quitclaim deed and on where to find the appropriate divorce forms.

Kenneth V Zichi · Answer

An uncontested divorce without children CAN be something "DIYable" but when you have property such as retirement plans and real estate to divide the phrase 'penny wise and dollar foolish' comes to mind if you're doing this to 'save money'.  
Making a mistake in either of these things can create long term EXPENSIVE issues.  
You can certainly look at the 'SCAO' forms available on line to get the legally minimum forms needed but trying to quit claim property or create QDROs to 'waive' the claims on pensions without legal advice is asking for issues.  
 
So yes, go to the Michigan self help page for divorce (https://michiganlegalhelp.org/resources/family/filing-divorce-without-children) but use that as a STARTING POINT to interview local divorce attorneys who can also do deeds and help you work with a QDRO drafting service appropriate to your pensions ....

James L. Arrasmith · Answer

You’re in a good position to file an uncontested divorce in Michigan, especially since there are no children, spousal support, or property disputes. The fact that your husband already filed a quitclaim deed strengthens your claim to the house, even if his name was previously on the title. That document shows his intent to give up any legal interest in the property, which a judge can reference when finalizing the divorce and dividing remaining assets. 
 
While you can ask your spouse to leave the home right away, the court won't force him to leave immediately just because you've filed for divorce. However, since he agrees to move out and you've both discussed terms, you may not need court intervention at all. If it becomes an issue later, you could ask for a temporary order through the court requesting exclusive use of the home during the divorce process. 
 
As for filing, you can usually find the necessary divorce forms through your county court's website or by visiting the courthouse in person. Look for the forms labeled “Complaint for Divorce – No Minor Children,” and make sure to include your property agreement in writing. You’re taking a thoughtful, organized approach, and that will help make this process smoother and more respectful for both of you.

Q: Seeking advice on filing uncontested divorce and requesting spouse to leave marital home in Michigan.