MCR 3.223 Joint Petition for Divorce

After working for years with clients that prefer a more amicable divorce process, we now have new court rules for a more peaceful court process. In the past, clients that reached agreements together prior to filing a case with the court then had to file court documents including a Summons that states, “Notice to Defendant: In the name of the people of the State of Michigan you are notified: 1. You are being sued.” The traditional litigious process also involves a Plaintiff vs. Defendant. Now, couples with a signed agreement may file a joint petition with a signed consent judgment attached requesting a final hearing to resolve the matter without the typical pretrial requirements.

In 2014, I served on a team of devoted lawyers and mediators to help advocate for these new court rules. Our goal was to help create a less adversarial approach to filing divorce paperwork with the court. The language for the proposed rule had to be reviewed, debated, and tweaked before submitting the proposed amendments to the Michigan Supreme Court for review and approval. On September 20, 2018, the Michigan Supreme Court issued an Order to help create my new favorite court rule, MCR 3.223 Summary Proceeding for Entry of Consent Judgment or Order. This new rule became effective on April 1, 2019, and allows a joint petition to be filed with the court for a more family-friendly divorce process. With the new court rules, a hearing may be scheduled for both petitioners to attend and provide the necessary testimony for entry of the signed court documents after at least 60 days have passed from the date of filing the case. The assigned Judge will review each case individually to determine if cases with minor children must wait the 6-month waiting period or if an order may be approved by the Judge to waive this requirement based on the facts of the specific case. For cases without minor children, the divorce may be issued after 60 days. To learn more about the joint filing petition and process, please contact our office.

Tips for Limited Scope Representation

1. Make sure there is a clear understanding. It is important to have a written agreement detailing responsibilities assigned to the client and the list of legal services to be provided by the attorney. The Attorney-Client Agreement should also outline the fee schedule and office procedures.

2. Be Organized. To prepare for a court hearing, make sure your documents are organized, and be sure to have extra copies for the Judge and the opposing party. Take notes so that you remember to address all issues requiring resolution with the Judge.

3. Be Prepared. The court cannot provide legal advice, so it is important to bring the correct documents to court and to be familiar with the process to avoid repeated trips to court.

4. Be Concise. When appearing before the Judge, stick to the facts and remain calm.

5. Be Respectful. Being respectful is one of the most important aspects for self-representation and remaining calm. When speaking to the Judge:

   • Make eye contact (if the hearing is in person make sure to stand up during the hearing)

   • Use respectful language

   • Maintain a calm tone

   • Keep your body language reserved

   • Address the Judge as "Your Honor"

   • DO NOT interrupt

   • If on Zoom, do not eat, be professional, do not move the camera around, and be patient

   • Thank the Judge

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Please use the form below to contact us for more information about the Mediation process which is a great fit for joint petitions.