The Judgment of Divorce details your court-ordered obligation to the children and to your ex-spouse. Both parties have obligations, and both parties should read the Judgment of Divorce because it may affect many facets of your lives for years to come.
A divorce means you are under a court order
Almost from the beginning of the divorce action you and your children will be subject to court orders. The orders are binding and failure to comply with them can result in contempt of court proceedings against you. The court provides firm guidelines to assist the parties and protect the interest of the minor children.
An attorney will write the order
When the judge grants your divorce, either your attorney or your spouse's attorney prepares a court order and presents it to the judge for signature.
The sections of your judgment.
The Michigan General Court Rules require the Judgment of Divorce to include distinct paragraphs, with a title. Some mandatory paragraphs cover:
Custody of the children
Child support and health care coverage for the children
Mandatory income withholding of child support
Parenting time with the children
Spousal support
Property settlements
Some sections can never be modified
Judgments of Divorce vary, and the facts of your case will influence the precise nature of your judgment. Some sections of the Judgment of Divorce, as they affect custody, parenting time, child support and possibly spousal support, are subject to modification. These are considered "continuing matters" and can be amended as conditions change. Property provisions of the judgment, however, are not generally subject to change.
How to modify a section of the judgment
If you want the court to review one of the "continuing matters," you must file pleadings to bring the matter before the court. This is done through a private attorney or by representing yourself. If you choose to represent yourself to modify custody, parenting time, or child support once your divorce is final, you may request the appropriate motion form from the Friend of the Court. The Friend of the Court does not represent either party.
A Friend of the Court investigation and recommendation is done when the judge signs an order referring the issue to the Friend of the Court. The Friend of the Court seeks modification in selected cases, and the court may, on its own motion, amend an order to protect the children.
