Can I file a Divorce or Open an Estate while our Courts are Not Fully Opened?
FAQ: Can I file a Divorce or Open an Estate while In-Person Court proceedings are limited to the public?
ANSWER: Yes: As courts around the state are implementing plans to return to full capacity and reopen their courthouses, you may still commence legal actions despite the courthouse being limited to the public now.
Under the present Michigan Supreme Court’s Administrative Order, courts are only open for “essential” purposes. So, what does that mean for you? Can you still file a divorce, file a petition to modify parenting time or custody, or even open an Estate? Yes, you can. Courts across the state are working diligently to accept filings electronically, and our judiciary are holding hearings virtually around the state.
What does this mean for a party wanting to file a lawsuit? You can file a new divorce, open an estate, or file a lawsuit, but you may not necessarily mean you will get your day at court “in-person”. Under the direction of the Michigan Supreme Court, in-person court proceedings are limited to only “essential” matters unless your presiding judge determines to hear the matter in person because he/she has determined it to be essential to administering justice. If your matter is not determined to be “essential”, you still are able to resolve your case quickly – for example, by using alternative dispute resolution to reach a settlement out of court or have the court hear your matter virtually using such forums as Zoom. Courts across our state are accepting mutually signed settlement agreements and adopting them as an order of the court without a party stepping a foot into the courthouse. The Michigan Supreme Court’s Office of Dispute Resolution has even encouraged out of court settlements and provided law firms helpful suggestions on how to use Zoom to assist in resolving disputes out of court.
At Banfield Couling, PLLC we have always been committed to assist families resolve their legal matters using mediation and out of court options whenever possible, so these tools are not new to us. We are ready to assist you during this tumultuous time. We also have spent time and effort during our recent Stay At Home Order to navigate this new normal, by familiarizing our staff and our clients with remote technology to effectively meet the needs of our clients.
Our attorneys remain here to help those in need of legal services during these challenging times. We understand the need to adhere to the Michigan Supreme Court and the CDC guidelines to not spread COVID-19, but we can safely work with you to protect your legal rights even while we are restricted to perform our duties in the more traditional ways.