The plaintiff is the party who starts the lawsuit. The
defendant is the person against whom the suit is filed. The
divorce is resolved by the family division of the circuit
court. The office of the Friend of the Court makes
recommendations for spousal support, child support, custody,
and parenting time. It may also request enforcement of court
orders dealing with child and spousal support as well as
parenting time. The court may use the Friend of the Court
for other miscellaneous duties, including a recommendation
on property distribution.
After the complaint and summons are filed and served, the
defendant may file an answer to the complaint. Once the
answer is filed, the case is contested. If no answer is
filed by the defendant, an order of default is entered,
indicating the defendant's lack of response. The matter
becomes an uncontested divorce case. If the case is
contested, the defendant may not only answer the complaint
but also file his or her own counterclaim. This must be
answered by the plaintiff.
A divorce cannot be granted in less than 60 days. When there
are minor children, the parties must wait six months.
However, the six-month period may be waived under certain
circumstances. No divorce is granted without a court hearing
to determine the truth of the statements made in the
complaint.
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