What is the quickest way to get a divorce in a situation when there are no minor children? This is the quickest method for getting a divorce in Michigan.
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The quickest way is to serve the parties, have them accept the service without objecting, have them automatically accept the service, 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 immediately following the 60th day after the complaint was filed. The quickest way to end a divorce case might not be to wait for the other side to default.
The Reality of Divorce
The first reality everybody will unanimously agree about divorce is that everybody has agreed to end a marriage. Everything else is up for scrutiny, debate, and negotiation, and more negotiations.
Divorce is a process with a few non-negotiable milestones. You can do those milestones slowly or fast but you can’t get around them.
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 a 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.
This is the start of the waiting and waiting.
If neither you nor your partner shares custody of any children, there is a 60-day waiting period before your divorce can be legally finalized. Even if you and your spouse were already separated when you filed for divorce, the waiting period starts when you do. Your divorce may take far longer than 60 days if you and your spouse cannot come to an agreement on everything.
While your divorce is still pending, you and your spouse can decide against getting divorced. If you filed a complaint for divorce and your spouse didn’t respond or file a motion in court, you can file a Dismissal form without their signature. You can only file a Dismissal if both you and your spouse sign it, even if your spouse has previously submitted an answer or motion to the court in the matter.
The Process of Divorce
The reality of divorce is in the process. Let’s walk through the process.
You or your spouse must have resided in Michigan for the previous six months at the very least in order to apply for divorce in Michigan.
You and your spouse must quickly come to an agreement over a number of matters, including property, debt, child custody, alimony, and more.
If you or your spouse have lived in the same county for the last six months, you should apply for divorce there.
In the event that you choose to work with a lawyer, they will be able to guide you in the appropriate route. Use the forms that Michigan Legal Help provides, though, if you decide against hiring a lawyer. Print out additional copies and, if necessary, have the forms notarized.
When the forms are finished, you must pay the filing fee and file them with the clerk of court.
You must serve your spouse within 91 days of your original filing; there are several approaches to do this. A police officer, a professional process server, a friend or relative, or even the mail can personally serve you.
In the event that you and your spouse are unable to agree on everything, the court will decide who gets what. Sometimes, this can take up to 30 days.
You will file your final paperwork with the courts, and your divorce will be declared official once the final hearing has taken place or the waiting period has expired. You might be able to speed up the divorce process depending on your circumstances.
All the above are like milestones in the divorce process. This is the reality when you answer the question: What to expect in a divorce?
It Will Never Be as Fast as You Like
In Michigan, there are two waiting periods. Sixty days is the initial waiting period.
If there are no children involved, there is a sixty-day waiting period after the lawsuit is filed before the judgment can be rendered. (The date the other party is served with notice of the divorce has no bearing on the waiting period.)
Prior to filing for divorce in Michigan, a sixty-day waiting period is mandated. If the judgment is issued in fewer than sixty days, the divorce is most certainly void.
Six months, or 180 days, make up the second waiting period.
The public policy urges individuals to take some time to gather their thoughts and plan ahead before finalizing a divorce and possibly patching things up for the benefit of the family.
Trial courts are not permitted to waive the 60-day statutory waiting period unless testimony needs to be preserved.
However, some courts are willing to waive the final 60 days of the 180-day waiting period for divorces involving minor children if the parties have reached an agreement, resolved all differences, and speeding up the divorce is in the best interests of the minor children.
However, no part of the first 60 days may be waived.
So if you and your spouse have complied with all the mandatory forms and responses to the summons, and nobody is contesting anything in the child custody, parenting time, child support, spousal support, and property division, then you got all the 60 days to play with.
But then again, this might just be wishful thinking for you and your spouse.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.