In Michigan, is it possible to divorce quickly? Quick is a relative term in Michigan. Very brief marriages could be over quickly, while lengthy divorces might take longer due to the numerous issues that need to be resolved, including property distribution, parenting time, child custody, and spousal and child support. In Michigan, there is a statutory waiting period before filing for divorce, and it might not be as short as you think.
Click here to watch the video on Can You Have A Quick Divorce In Michigan?
Every divorce has a different waiting period, depending on whether you have young children or not. Since there is no quicker method to get around the waiting time, you could choose to celebrate first and get married afterwards if you’re planning to get married sooner than what the waiting period can allow.
A Quick Browse of The Divorce Process in Michigan
The divorce procedure starts when one spouse files for divorce in the local Circuit Court where the parties reside with a summons and complaint.
You have 91 days from the date of your original filing to serve the other party; there are several ways to do this. You can choose to have a police officer, a professional process server, a friend or relative, or even the mail serve you personally.
The filing fee for a divorce is paid in the local court. Additionally, divorce petitions are also submitted to the court at this time. One of the parties must have lived in Michigan for six months and the county for ten days before filing, according to state law.
The other party must be served with the divorce documents after the petition or complaint is filed. The opposing party can be given a copy by a third party, or your spouse can acknowledge help in front of a notary public.
If you and your spouse are unable to reach an agreement on all matters, the court will determine who will receive what. This sometimes takes up to 30 days. In a contested divorce, this could be a long drawn out endeavor if the opposing parties are fighting over each of the elements of divorce such as child support, parenting time, spousal support, and division of marital assets.
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 time has expired.
Depending on your situation, you might be able to hasten the divorce procedure.
The kind of divorce you’re having will have an impact on the duration of the whole divorce process.
So, What Kind of Divorce Are You Having?
In Michigan, there are typically two divorce options: contentious and uncontested.
When a couple cannot come to an agreement on all or some of the matters pertaining to ending their marriage, a divorce is contested. The couples will eventually need to go to trial to have a court resolve the issues for them if they are unable to overcome their differences at some time during the formal divorce procedure.
In contrast, when you have an uncontested divorce, you and your husband have already settled the problems, so there is no need for a trial. An uncontested divorce will also be far less expensive and quicker than a traditional, contested divorce if you can come to that understanding before filing for divorce, or at least early in the process. This is due to the fact that you can avoid drawn-out and costly court fights over every dispute.
Many couples discover they can handle the uncontested divorce procedure on their own and frequently turn to a do-it-yourself approach rather than employing attorneys.
You and your spouse must agree on all relevant matters in order to be eligible for an uncontested divorce, including the following:
[a] The distribution of your assets and liabilities, including each spouse’s claim to retirement benefits and life insurance funds
[b] Whether one spouse will provide alimony (sometimes referred to as “spousal support” in Michigan), the amount and duration of the support, and
[c] All issues involving any minor children you may have, including coverage for health and dental insurance, visitation rights, child support, and child custody.
When you and your husband have a settlement agreement in place and are working collaboratively, this process is the easiest way to obtain an uncontested divorce. You can use Michigan’s streamlined procedure, known as a “summary proceeding for entry of consent judgment,” to file the divorce papers jointly with your husband and avoid some of the phases in the standard divorce process.
In Michigan, there is this simplified procedure, referred to as “summary proceeding for entry of consent judgment” allowed under Michigan Court Rule 3.223 (MCR 3.223 Summary Proceeding for Entry of Consent Judgment or Order).
As on April 1, 2019, this new rule allows for the filing of a joint petition with the court for a more family-friendly divorce procedure without designating either side as the Plaintiff or Defendant. According to the new court rules, a hearing may be arranged after at least 60 days have passed since the case was filed, at which both petitioners must appear and testify in order for the signed court documents to be admitted.
Based on the facts of each case, the assigned Judge will evaluate each case separately to decide whether cases involving minor children must wait the required six months before proceeding or whether an order to waive this requirement may be authorized. The divorce may be granted in cases without minor children after 60 days.
How Long Is Quick Divorce?
In Michigan, there is a required waiting period after you petition for divorce before the court will set the hearing necessary to obtain your final divorce judgment. The minimal waiting is 60 days if neither you nor your spouse is the parent of any minor children. However, if you do have children, you would typically have to wait six months before getting a hearing.
You may ask the court to schedule the hearing after the 60-day minimum waiting period has elapsed if waiting that long would cause an unusual hardship or if you have another urgent need to finalize your divorce sooner than six months.
The Michigan statute governing the 60-day waiting period is MCL 552.9.(f). Additionally, the same provision of the law also outlines the six-month waiting time that is required when a minor child is involved.
You can generally get divorced pretty quickly after the waiting time has passed if you have an uncontested divorce we mentioned earlier, which means you and your spouse have reached an understanding regarding all of the legal matters involved in ending your marriage. How long it actually takes is primarily determined by how busy your local court is and how long it takes to arrange a hearing.
If your divorce is contentious, the procedure may take much longer. When divorcing couples disagree, it triggers a series of legal processes taking months to complete. Depending on whether they’re finally able to negotiate their differences or they have to go to trial, it’s not uncommon for a contested case to take a year or more to conclude.
The moment one of the two opposing parties officially files for divorce, the clock starts running.
However, for a divorce to move forward quickly, both parties must normally be prepared to cooperate in order to settle any pertinent issues. For instance, property division and spousal support are two frequent issues divorcing spouses must resolve even when there are no children involved. It can frequently be a very challenging and drawn-out process. Furthermore, parents usually take far longer to decide on child support and custody arrangements when children are involved.
Therefore, while a divorce can be completed quite fast in theory, it usually entails more time to finish the entire procedure if you’re dealing with a contentious divorce. The only real path to a quick divorce is an uncontested one.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.