Enter Judgement of Divorce.What has to be in a Judgement of Divorce. 810-235-1970

Entry of the judgment. A party must submit the judgment for entry within 21 days after the court’s opinion or a settlement was placed on the record, unless the court grants an extension. The court may require that the judgment be submitted to the Friend of the Court for review.

Posted here by Flint Divorce Attorney Terry R. Bankert http://www.attorneybankert.com. Flint Divorce Lawyer Terry R. Bankert can be reached at 810-235-1970.Primary sourceMichigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01 (last updated 01/20/2012). Additional articles on Bankruptcy and Divorce. http://occupyflintlegal.wordpress.com/


Methods for entering a divorce judgment after trial or after the parties place the settlement on the record:

The court may sign the judgment when it grants the relief provided by the judgment.
After the parties approve the judgment’s form, the court signs the judgment if it complies with the court’s decision.

The parties may submit the judgment under the seven-day rule.

The parties may prepare a proposed judgment and file a motion for settlement.

Required provisions for divorce judgments.

All divorce judgments. §1.54.

A determination of each party’s rights in insurance on the life of the other party.

A release of dower rights.

A determination of each party’s rights in pension, annuity, or retirement benefits; contributions to a pension, annuity, or retirement plan; and contingent rights in unvested benefits.

The parties’ rights in property.

A provision granting, reserving, or denying spousal support.

If spousal support is nonmodifiable, a provision to that effect.

Divorces with minor children—additional required provisions. §1.55.

A prohibition against moving the children’s residence outside Michigan or, in the case of a joint custody arrangement, a relocation agreement or mandated language prohibiting moving the children’s residence more than 100 miles away.

A requirement that the custodial parent promptly notify the Friend of the Court in writing of any change of the children’s address.

A statement by the court declaring the children’s inherent rights and establishing the rights and duties as to the children’s custody, support, and parenting time.

Judgments awarding child or spousal support—additional required provisions. §§1.56–1.57. Effective January 1, 2006, child or spousal support must be ordered in the latest version of the State Court Administrative Office (SCAO) Uniform Support Order. This form order must accompany any judgment or order affecting child or spousal support. If only child or spousal support is ordered, then only the Uniform Support Order may be used. The Uniform Order governs if the terms of the judgment or order conflict with the Uniform Order. The final judgment must either incorporate the Uniform Order by reference or state that none is required.

Modification of judgment provisions. §1.62.

Generally, divorce judgment provisions regarding child custody, parenting time, child support, and periodic spousal support are modifiable; property division and alimony in gross provisions are not. See §§3.24–3.25, §§4.16–4.17, §§5.25–5.33, and §§6.43–6.51 for modification of

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