Easy and quick divorce. Speedy and simple. Typically, neither applies. Couples who are married desire to escape the marriage context. No six-month waiting period applies because they are childless. There are no assets they own.
They begin to believe this divorce is a straightforward matter. Divorce without argument. They come across as friendly individuals. When they consult with a lawyer, the lawyer goes over the customary list of topics they should discuss. Once there is a difference of opinion, neither party is willing to compromise any longer, and both are disputing the remaining items. Discussing topics that you both agree on is the best course of action and best things to start off.
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Concentrate on the extremely short list of just a few things you disagree with, then go speak with an attorney about it. Thus, there are fewer talking points to argue on and fewer issues to quarrel over.
Sorry, but divorce can’t be that quick and simple.
What Is Quick and Easy Divorce?
It seems everyone wants their divorce to be quick and easy. We wrote about having the fastest way to a divorce in our article, “What Is The Fastest Way To Get A Divorce In Michigan?” and to give clarity to the legal jargon accompanying the waiting period.
We mentioned in the article that the only first thing people seem to agree on quickly and decisively about divorce is ending the marriage. Everything following the decisiveness are all contentious.
Divorce is a process with a few non-negotiable milestones. You can do those milestones slowly or fast but you can’t get around it.
If you haven’t qualified for residency, you will have to wait six months at least to be able to file the divorce complaint.
Once you have qualified for residency then you have the filing of the divorce complaint. You need to wait for the response or the “answer”.
Your spouse must promptly serve you with a copy of their Answer after filing it with the court if they choose to participate in the divorce process. Their time frame is 21 days after receiving your divorce papers if they were personally served with your summons and complaint. They have 28 days to file and serve an answer if they were served by mail or outside of Michigan.
You will have to put up and endure the waiting period.
A 60-day waiting period is required before your divorce can be officially finalized if you and your partner do not share custody of any children. Even if you and your husband were already divorced at the time you filed, the waiting period begins as soon as you do. If you and your husband can’t agree on everything, your divorce may take much longer than 60 days.
What’s The Truth About The Divorce Process in Michigan?
You won’t like it but there’s almost no work around the divorce process in Michigan. It is really up to you and your soon to be ex how quickly you can complete the divorce process.
To file for divorce in Michigan, you or your spouse must have lived in the state for at least the previous six months.
You and your spouse need to resolve a number of issues, including property, debt, child custody, alimony, and more, as soon as possible.
You should file for divorce in the county where you or your spouse most recently resided if that is the case.
If you decide to engage with an attorney, they will be able to point you in the right direction. If you choose not to hire an attorney, make use of the forms Michigan Legal Help provides. Print several copies, and if required, have the documents notarized.
After completing the forms, you must pay the filing fee and submit them to the court clerk.
There are various methods you can utilize to serve your spouse within 91 days of your initial filing. You can be personally served by a police officer, a professional process server, a friend or relative, or even the mail.
If you and your spouse are unable to come to an agreement on everything, the court will determine who receives what. This can occasionally take up to 30 days.
Once the last hearing has taken place or the waiting period has passed, you will file your final documents with the court, and your divorce will then be deemed official. Depending on the details of your case, you might be able to speed up the divorce procedure.
The aforementioned are stages in the divorce process.
How Are We Going To Get A Divorce Any Faster and Easier?
There are two waiting periods in Michigan. The first waiting period you need to go through is 60 days.
There is a sixty-day waiting time after the lawsuit is filed before the judgment can be made if there are no children involved. The date on which notification of the divorce is delivered to the other party has no bearing on the waiting period.
In Michigan, there must be a sixty-day waiting period before filing for divorce. The divorce is undoubtedly null and void if the judgment is rendered in less than sixty days.
The second waiting period is equal to six months, or 180 days.
Public policy urged people to take some time to reflect and make plans before finalizing a divorce and potentially making amends for the sake of the family.
Unless testimony needs to be preserved, trial judges are not allowed to waive the 60-day statutory waiting time.
For divorces involving small children, some courts will, however, waive the final 60 days of the 180-day waiting period if the parties have come to an agreement, settled all disputes, and hastening the divorce serves the children’s best interests.
However, the first 60 days cannot be waived in whole or in part.
If you and your spouse have filed all necessary documents and responses to the summons and there are no disagreements over child custody, parenting time, child support, spousal support, or property division, you have the full 60 days to spend.
What is the point of all this waiting?
The state has made it a priority to defend the family unit and the institution of marriage as much as possible, ultimately acting in the best interests of the children. There are numerous crucial moments that might occur while waiting. We have talked about these crucial moments in the article we mentioned above, “What Is The Fastest Way To Get A Divorce In Michigan?”.
You want it quick?
Make a list of things you need to talk about. Group the things in your list you can agree on. Make a separate list you can acknowledge you don’t know much about to be able to agree on or you know enough you won’t agree on. Take that list to your attorney and let your attorney facilitate the process to find your common ground.
You want it quicker?
The quickest method is to serve the parties, have them accept service without objecting, have them accept service automatically, have them quickly file an answer so that there is no waiting period for a default, and have them draft and sign a consent judgment of divorce right after the 60th day after the complaint was filed. Waiting for the other party to default might not be the quickest method to terminate a divorce case.
Do you think you can manage that?
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.