Filing a Counter-Claim for Divorce in Michigan

[krml5504]

My ex husband and I filed in january, our 6 month waiting period was up in august, and neither one of us has any representation. last court date we were all set for final judgement, except he didn't have the single paper from the friend of the court that the court needed. so, the judge rescheduled (for the third time). In the meantime he (the plaintiff) moved to Missouri due to a job he had accepted. Since he was not at the rescheduled hearing, and he is the plaintiff, the judge would not finalize the divorce. But the judge did tell me that I needed to file a counter claim and that we could proceed this way. I, unfortunately can not, in any way, afford to pay for an attorney, and I have custody of our child. I can not find any information on how to proceed with filing a counter claim. I just want this to be over with so I can move on with my life!! Please help!!

[aaron]

Check the county law library to see if it has the book, "Michigan Family Law, Sixth Edition" from ICLE. That book has a lot of forms and instructions and, although written for lawyers, may be sufficent for your needs. If you are near a law school, it will probably be available in the law school's library.

You may be able to find a "do-it-yourself" divorce book at a local Barnes and Noble or Borders. Before buying such a book you should check to verify that the book includes instructions on counterclaims.

[krml5504]

Okay, I have gone to the Law Library and located a copy of the counterclaim papers to type up, i have done all of that, but i need to know if i have to "file" this at the court house, of if I can just give it to the judges clerk on my court day?

[aaron]

You need to file your answer and counterclaim in a timely manner, so that you aren't defaulted for not answering and such that the opposing party has time to respond to your counterclaim.