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Checklist – How to File an Answer and Counterclaim to a Complaint for Divorce with Children
These are step-by-step instructions to help you file an Answer and Counterclaim after your spouse files a Complaint for Divorce with Minor Children.
You can print these instructions and take them with you to use as a checklist. You can also use the Defendant's Divorce Process Flow Chart to keep track of where you are in the process.
Step 1: Complete your forms and find out how you will file
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 the following forms:
- Answer to Complaint for Divorce
- Domestic Relations Verified Financial Information Form
- Proof of Service
If you complete both the Answer and the Counterclaim sections, you will also get these forms:
- Counterclaim for Divorce with Children
- Verified Statement
- Application for IV-D Child Support Services (form DHS-1201D)
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit
Some of the steps later in this checklist 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-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?.
Step 2: Get your court fees waived (if needed)
There is no filing fee for filing an Answer to Complaint/Counterclaim 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). Additionally, the judge may 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.
Step 3: Sign your forms
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.
If you are filing a Uniform Child Custody Jurisdiction Enforcement Act Affidavit, you must get it notarized. Wait to sign it until you are in front of the notary. There may be a fee for notarization. You may be able to get your document notarized at a bank or at the court clerk's office. Some copy and print shops also offer notary services for a fee. Contact the bank or other location to make sure that a notary will be available at the time you plan on going.
Step 4: Make copies
After you sign your documents, make copies as follows. 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.
- Fee Waiver Request (if needed) – 3 copies
- Answer to Complaint for Divorce– 3 copies
If you are filing a Counterclaim, also make the following copies:
- Counterclaim for Divorce with Children – 3 copies
- Verified Statement – 3 copies
- Application for IV-D Child Support Services (form DHS-1201D) – 3 copies
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit – 3 copies
The original of each document gets filed with the court. Copies of the documents are for each of the following: Plaintiff (your spouse), Defendant (you), and the Friend of the Court.
If you will be filing either by e-mail or using MiFILE, you will not need to make copies.
Step 5: File your forms
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.
File the following documents:
- Fee Waiver Request (if needed)
- Answer to Complaint for Divorce
If you are also filing a Counterclaim for Divorce with Children, file it at the same time as your Answer along with:
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit
- Verified Statement
- Application for IV-D Child Support Services (form DHS-1201D)
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 the court doesn’t need.
You must file and serve your Answer within 21 days of the date your spouse had you served with the initial divorce papers if the papers were given to you in person. You must file and serve your Answer within 28 days of the date your spouse had you served with the initial divorce papers if the papers were mailed to you, or if you were outside of Michigan when the papers were given to you.
Step 6: Send copies of your forms to your spouse or your spouse’s lawyer
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
- Fee Waiver Request and the decision on your request (if you filed a Fee Waiver Request)
- Counterclaim for Divorce with Children (if you filed one), along with the Uniform Child Custody Jurisdiction Enforcement Act Affidavit, Verified Statement, and Application for IV-D Child Support Services (form DHS-1201D)
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.
Step 7: Complete a Proof of Service and file it
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, also file an extra copy for the Friend of the Court, and make a copy for your records.
Step 8: Complete the Domestic Relations Verified Financial Information Form and send it to your spouse
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.
Step 9: Friend of the Court Process
The Friend of the Court (FOC) assists the court in making custody, parenting time, and child support decisions. Depending on your court, you may be required to attend Friend of the Court mediation or another type of FOC meeting. You and/or the plaintiff may have to schedule this meeting, or the court may schedule it for you.
To learn more about the Friend of the Court, read Friend of the Court Overview.
If there has been domestic violence in your relationship with the other party, your case may be exempted from a Friend of the Court meeting. The FOC must screen your case for domestic violence.
Depending on your county, you may also be required to attend the SMILE Program, an educational program for separated parents with minor children. The goal of SMILE is to help parents better understand the effects of divorce, the needs of their children, and their roles in promoting their children's healthy adjustment to divorce.
Step 10: Pre-trial hearing
You may get notice from the court of a pre-trial hearing, sometimes called a settlement conference. The court sets these to check in with the parties about how the case is proceeding. If you get notice of a pre-trial hearing, make sure you attend it.
If you get to a pre-trial hearing 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 are unable to reach a settlement, the court will schedule a date for trial.
Step 11: Notice of final hearing
After you have gone through the Friend of the Court process and 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. The judge may shorten the waiting period to as little as 60 days if you or your spouse request this and have a compelling reason.
You should get a copy of a proposed JOD and proposed Uniform Child Support Order from your spouse before the hearing. Read the documents carefully to see if you agree with the terms. If you and your spouse are in agreement on all of the terms, you will likely enter your JOD by Consent, and will both sign it to indicate your approval. If you do not agree on all the terms, you should let the judge know at your final hearing.
Step 12: Attend the 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 them 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 all copies of the forms. In some counties the court will file your Judgment of Divorce and Uniform Child Support Order for you, but in most counties this is the Plaintiff's responsibility.
Make sure you get a copy of your Judgment of Divorce with the judge’s signature.
Step 13: If the plaintiff needs to correct the Judgment or UCSO before the Judge will sign it
If the judge signed your Judgment of Divorce and Uniform Child Support Order (UCSO) at your hearing, skip this step.
If the judge told the plaintiff that they need to update the Judgment of Divorce and/or UCSO before they can be signed, the plaintiff will need to update the document(s) and file them along with a Notice to Enter Order without Hearing. The Plaintiff must serve you with a copy of the updated Judgment and/or UCSO 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 and/or UCSO 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. On the form, write specifically what is inaccurate or incomplete about the plaintiff's proposed Judgment and/or UCSO. 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 and/or UCSO if they determine that the document(s) are consistent with what they ordered at your last hearing. If there is a problem with the Judgment and/or UCSO, the court will schedule a hearing and the clerk’s office will send you notice.
Step 14: What to do after your divorce is final
After the Judgment of Divorce is filed with the court clerk, the divorce is considered final. 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 court to enforce it.
If the 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 with Minor Children.