The First Court Order (Divorce)

The Temporary Order

Many divorce actions begin with a temporary court order. If you filed the divorce, your attorney may prepare a court order that addresses custody, parenting time, and possibly the amount of support that should be paid.  If you are not the party starting this suit, you will be served with notice that a suit has been filed.  You must find out immediately what orders have been entered in your case.  You may want to file a motion asking the Court to change the orders if you are not in total agreement with them. 

The FOC cannot assist you in this process.  Go directly to your attorney or contact the Oakland County Bar Association (248-338-2100) for direction in obtaining an attorney. Time is important!

Enforcement of the Temporary Order

To enforce the temporary support order, contact your attorney or the FOC. You can complain in person at the FOC or write a complaint letter identifying both parties and the docket number. Please date and sign all correspondence and be sure to state clearly the action you would like taken on your case.

Parenting time is Given Special Consideration

If you have been served with an EX PARTE PARENTING TIME ORDER with which you don't agree, you may file written objections within 14 days after receiving notice of the order with the Clerk of the Court and the FOC. The FOC will try to help both parents resolve their parenting time difference within 14 days of receiving the objection. If an agreement is not reached by the parents, the Friend of the Court will supply a motion form which will allow a parent to bring the matter to the court without the assistance of an attorney. A hearing will be scheduled by the Friend of the Court within 21 days.

What to do if you reconcile

You can only reconcile if the divorce is NOT final.  You must let the Court know you no longer want a divorce.  Not every divorce action ends in a judgment of divorce.  Many parties reconcile their differences and drop the divorce case.  You must file an Order of Dismissal with the County Clerk's Office to end enforcement of the court orders.  If the children have been supported by pulic assistance, you must arrange to pay any child support arrearage due to the State of Michigan.  Contact the FOC to make arrangements for repayment of this obligation.

Friend of the Court Handbook