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Family Law Bench Book

Consent Judgment of Divorce - Requirements

  1. Time Requirements.

  2.  
    1. DO Judgment may not be entered until 60 days or more after filing of complaint.
    2. DM Judgment may not be entered until 6 months after filing of complaint.
    3. The Court may accelerate the entry of a judgment after 60 days has passed if the criteria in MCR 3.210(A)(2) are met.
    4. Praecipe must be filed with Central Assignment 7 days prior to the pro con hearing.

    5.  
  3. Signatures. Original Judgment shall contain original signatures of both parties and Counsel, if any.

  4.  
  5. Approvals.

  6.  
    1. Friend of the Court:
      1. Must approve all DM Judgments.
      2. Must approve DO judgment only if alimony is ordered.
    2. Prosecuting Attorney:
      1. Must approve all DM Judgments, or any Judgment with an issue or potential issue of paternity, e.g. where the wife is now pregnant or where a claim is made that a child is not the result of the marriage.  This approval is also available at the Friend of the Court Office.
      2. Must complete checklist form available from either office.
         
  7. Miscellaneous.

  8.  
    1. Record of Divorce or Annulment using the form printed in red ink.
    2. Attachments, such as settlement agreement, Uniform Support Orders, Opt Out Order and forms if applicable, QDRO, QMCSO, signed in original.
    3. DM or DO case with spousal support - extra copy of Judgment and above attachments for Friend of the Court, along with Judgment Information Form.