Divorces sometimes turn out differently than you want them. Deciding who gets what can cause big fights. Parents often argue about who should take care of the children. Couples fight about how much money should be paid for child support. Spouses argue over how much spousal support to pay. They also argue about how long it should last. Dividing debts can lead to fights. Hidden debts can surprise both spouses. The process can be long and stressful.
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Get a lawyer to help you know your rights. Talk to a mediator to help you and your spouse agree on things. Ask for temporary orders to keep things stable during the divorce. See a therapist to help you manage your emotions. Stay active and keep a routine to feel more in control. Find new hobbies to distract you from negative thoughts. Talk to friends and family for support. Use arbitration to solve fights without going to court.
What Are the First Steps to Take Before Starting a Divorce?
Gather your financial records. Think about where you will live. Think about your children’s needs. Know what you want from the divorce. Ask a lawyer for advice.
Gather Important Documents. Collect financial records. Gather bank statements. Collect tax returns. Gather property deeds. These documents will help you understand your assets and debts.
Consult a Lawyer. Talk to a family law attorney. They will explain your rights. They will guide you through the process.
Check Your Finances. Look at your income. Look at your expenses. Check your debts. This will help you plan for life after divorce.
Consider Living Arrangements. Decide where you will live during the divorce. Decide where you will live after the divorce. Think about whether you need to move out. Think about whether your spouse will move out.
Discuss with Your Spouse. If possible, talk to your spouse about the divorce. Try to agree on important issues. Discuss child custody. Discuss support and property division.
Think About Your Children. Consider how the divorce will affect your kids. Plan how you will co-parent. Discuss custody arrangements.
Create a Support Network. Reach out to friends for emotional support. Reach out to the family for emotional support. Consider joining a support group for people going through divorce.
Plan for the Future. Think about your goals. Decide what you want your life to look like after the divorce. Set realistic expectations. Start planning how to achieve them.
How Do I Start the Divorce Process?
File papers with the court. Give the divorce papers to your spouse. It’s best to seek guidance from a lawyer to help you with this. This is how you start the divorce process in Michigan.
Understand Eligibility Requirements. You or your spouse must have lived in Michigan for at least 180 days. You also need to have lived in the county where you file for at least 10 days.
Gather Necessary Documents. You will need a few forms to start the divorce process:
- Complaint for Divorce
- Summons
- Record of Divorce or Annulment
You can get these forms from the Michigan courts’ website or the courthouse.
File the Complaint for Divorce. Take your completed forms to the Circuit Court in the county where you or your spouse lives. Pay a filing fee. Ask for a fee waiver if you are unable to pay.
Serve Your Spouse. After filing, give the divorce papers to your spouse. You can use a process server, sheriff’s deputy, or certified mail. Follow the rules for delivering the papers.
Wait for a Response. If your spouse is served in person, they have 21 days to reply. If served by mail or outside the state, they have 28 days to respond. They can agree with, disagree with, or suggest changes to the divorce.
Attend Hearings and Mediation. If you both agree on all terms, you might not need a hearing. If you disagree, go to mediation or hearings to solve the issues.
Finalizing the Divorce. If both parties agree, the divorce can be finalized quickly. If you disagree on issues, it may take longer. A judge will sign the final divorce decree once everything is settled.
Tips for a Smoother Process
- Consult a Lawyer: Even if you file on your own, legal advice can help you avoid mistakes.
- Keep Records: Write down all communications and filings related to your divorce.
- Consider Mediation: Mediation can help solve disputes. Do it more peacefully and quickly than going to court.
Starting a divorce in Michigan involves several steps. Know the rules and gather documents. File and serve your spouse. Each step needs careful attention to detail to make the process go smoothly. A lawyer can provide helpful guidance during this tough time.
How Long Does the Divorce Process Take?
A divorce can take a few months or more than a year. It depends on how complicated the case is and if both sides agree on things.
Waiting Period. In Michigan, the shortest time for a divorce is 60 days. This is called the waiting period. It starts when you file the divorce papers.
No Children. If you don’t have children, the divorce can be final after the 60-day waiting period. But if there are disagreements, it might take longer.
With Children. If you have children, the waiting period is 6 months. This gives the court time to decide what is best for the children. The divorce might take longer if there are custody or support issues.
Disagreements. If you and your spouse disagree on important issues, the process will take longer. Disagreements about money, property, or children. They can make the divorce take many months or even years.
Mediation and Court Hearings. Mediation can help solve disagreements faster. You may need to go to court if you can’t agree. Court hearings can add more time to the process.
The time it takes to get a divorce in Michigan depends on many factors. If you don’t have children and agree on everything, it can be done in 60 days. If you have children or disagree on important issues, it can take much longer. Mediation and working together can help speed up the process.
When Should You Get a Divorce?
Get a divorce if your marriage cannot be fixed. Consider divorce if there is abuse or constant unhappiness. Talk to a lawyer to understand what you can do. Here are some hints on when to get a divorce.
- Unhappy Marriage: If you feel unhappy in your marriage and can’t fix the problems, you might need a divorce. Living in an unhappy marriage can hurt your well-being.
- Abuse: If there is abuse in your marriage, you should think about a divorce. No one should stay in a harmful or dangerous situation. Your safety matters.
- Constant Fighting: If you and your spouse fight all the time and can’t get along, it might be time for a divorce. Constant fighting makes life stressful.
- Lack of Trust: If trust is broken and you can’t rebuild it, divorce might be the best choice. Trust is important in a marriage. Without it, the relationship suffers.
- Different Goals: You and your spouse want very different things in life. It might be time to consider divorce. Sometimes people grow apart and want different futures.
Think about your happiness, safety, and future. If you can’t fix the problems in your marriage, it might be time to move on. Talk to a counselor or lawyer to help you decide.
How Can I Survive a Divorce Emotionally?
Take care of yourself. Get support from friends and family. Join a support group. Stay positive and look after your mental health. This is how you do it.
- Talk to Someone: Share your feelings with friends or family. They can offer support. Talking helps you feel less alone.
- See a Therapist: A therapist can help you understand your emotions. They can teach you ways to cope with stress and sadness. Therapy provides a safe space to talk.
- Stay Active: Exercise can help you feel better. Go for walks, join a gym, or try a new sport. Physical activity reduces stress. It boosts your mood.
- Keep a Routine: Stick to a daily routine. Having a regular schedule helps you feel more in control. It can make the days feel more normal.
- Take Care of Yourself: Eat healthy foods. Get enough sleep. Avoid alcohol and drugs. Taking care of your body helps your mind stay strong.
- Find New Hobbies: Try new hobbies or activities you enjoy. This can distract you from negative thoughts. Hobbies can help you meet new people.
- Stay Positive: Focus on the positive parts of your life. Remember that things will get better with time. Keep a hopeful attitude.
Divorce can be hard, but you can get through it. Talk to people you trust. Stay active and take care of yourself. Finding new hobbies and staying positive will also help. Never forget that asking for help when you need it is okay.
What Are the Stages of a Divorce?
The stages include filing for divorce, getting temporary orders, and discovery. Other stages are settlement discussions, trial, and final judgment. Each stage has its steps.
- Filing the Complaint: One spouse starts the divorce by filing a complaint. This document explains why they want a divorce. It outlines what they want, like custody or property division.
- Serving the Complaint: The other spouse gets a copy of the complaint. This is called “serving.” They have time to respond to the complaint.
- Response: The other spouse responds to the complaint. They can agree or disagree with what the first spouse wants. They may also file their requests.
- Temporary Orders: The court can issue temporary orders. These cover things like child custody, support, and property use.
- Discovery: Both spouses share information about their finances, property, and other important details. This stage helps each side understand what they have and what they owe.
- Negotiation: The spouses try to reach an agreement on issues. These issues can be custody, support, and property division. They can do this on their own, with lawyers, or through mediation.
- Mediation: If spouses can’t agree, they might go to mediation. A mediator helps them try to find common ground and settle disputes without going to court.
- Court Hearings: If mediation doesn’t work, the case goes to court. The judge listens to both sides. The judge makes decisions on unresolved issues.
- Final Judgment: The court issues a final judgment. This document outlines the terms of the divorce. It includes custody, support, and property division.
- Post-Divorce Issues: After the divorce, issues may still arise. These can include enforcing the court’s orders or modifying them if circumstances change.
A Michigan divorce has many stages, from filing the complaint to the final judgment. Each step helps both spouses work through their issues. The process can be complex. Understanding each stage can help make it smoother.
Where Are You Most Likely Going to Get Stuck in a Michigan Divorce Process?
You might get stuck with paperwork and forms. Understanding court rules can be hard. Filing motions and responding to them can also be tricky. Keeping track of timelines is challenging. Here are key areas in the process in which you may find yourself stuck.
Dividing Assets. One big problem in a divorce is deciding who gets what. Couples often fight over valuable or sentimental items. Here are some sticky points in the asset division.
- Marital vs. Separate Property: One big problem is figuring out what belongs to both of you. What belongs to each person? Marital property includes anything you and your spouse got during the marriage. Separate property is what each person owned before marriage. What they received as a gift or inheritance. Deciding what belongs in each group can be confusing.
- Valuing Assets: Another issue is agreeing on how much things are worth. This includes houses, cars, and retirement accounts. Couples often disagree on the value of these items.
- Splitting Retirement Accounts: Dividing retirement accounts can be hard. These accounts have special rules. Splitting them wrong can lead to penalties and taxes.
- Hidden Assets: Sometimes, one spouse might hide things to avoid sharing them. Finding these hidden items can be difficult and needs careful searching.
Child Custody and Support. Parents often disagree on who should take care of the kids. They also argue about how much money should be paid to support the children. These are the sticky issues.
- Deciding Custody: Parents often argue about who should have custody of the kids. One parent might want full custody. The other parent might want joint custody. These disagreements can lead to big fights.
- Setting a Parenting Schedule: Making a schedule. This is for when each parent spends time with the kids. It can be hard. Both parents might want more time. Their schedules might not match. This makes it tough to agree on a fair plan.
- Child Support Amounts: Parents often argue. They argue over how much money should be paid for child support. The parent paying support might think the amount is too high. The parent getting support might think it’s too low.
- Changes in Circumstances: Life changes can affect custody and support agreements. For example, a new job or moving to a new city can cause problems. Parents might not agree on what to do about these changes. This leads to more arguments.
- Enforcement of Agreements: Sometimes, one parent doesn’t follow the custody or support agreements. This can cause problems. The other parent might need to take legal action to enforce the agreements.
Spousal Support (Alimony). Deciding on spousal support can be tough. Both sides may have different ideas about what is fair.
- Deciding the Amount: One big issue is how much spousal support to pay. One spouse might think the amount is too high. The other might think it’s too low. This causes a lot of arguments.
- Length of Support: Another problem is how long spousal support should last. One spouse might want it for a short time. The other might want it for many years. This leads to disagreements.
- Changes in the Money Situation: Changes in money situations can cause problems. If one spouse loses a job or gets a big raise, the support amount might need to change. They might not agree on what to do.
- Making Payments: Sometimes, the spouse paying support might not pay on time or at all. This can cause stress and money problems for the other spouse. They might need to take legal action to get the payments.
- Changing Support Agreements: Changing support agreements can be hard. If things change, one spouse might want to change the support amount or how long it lasts. The other spouse might not agree, leading to more arguments.
Debt Division. Couples often fight over who should pay shared debts. This can cause many arguments. Here are more specific situations that can get you stuck.
- Disagreements on Responsibility: Couples often argue about who should pay which debts. One person might think they are paying too much. The other might think they should not pay certain debts. These arguments can cause big fights.
- Joint vs. Individual Debts: Figure out which debts are joint and which are individual. Joint debts are shared by both spouses. Individual debts belong to one person. Deciding which debts go where can be confusing.
- Hidden Debts: Sometimes, one spouse hides debts from the other. This can lead to surprise bills. Finding all the debts can take time and effort.
- Impact on Credit Scores: Dividing debts can hurt credit scores. If one spouse does not pay their share, it can hurt both credit scores. This adds more stress.
- Loans with Co-Signers: Loans with co-signers can make things harder. If a family member or friend co-signed a loan, they might be affected by the divorce. This can lead to more arguments.
Knowing where you might get stuck and understanding your options can help you proceed more smoothly. Whether through mediation, legal representation, or court intervention, there are several ways to overcome obstacles and move forward.
What Are You Allowed to Do if You Do Get Stuck in the Michigan Divorce Process?
You can hire a lawyer at any time. The court will allow it even if you started on your own. You can ask the court for a referral to a lawyer. The court might help you bring in a lawyer during a hearing. This can make the process smoother.
Hire a Lawyer. If you started the divorce by yourself and feel stuck, get a lawyer. They can help you understand the court rules. The court will let you get a lawyer even if you started without one.
Ask for a Referral. Courts can help you find a good lawyer through a referral system. This can help you get professional help when you need it.
Use Mediation. A mediator can help you and your spouse talk through problems. They can help you agree on things like custody, support, and dividing assets. This can keep you out of court.
Request Temporary Orders. You can ask the court for temporary orders. These can cover spousal support, child custody, or property use. You can be protected while the divorce is ongoing. Temporary orders can provide stability.
Seek Counseling. Divorce can be stressful and emotional. Talk to a counselor or therapist to help manage your feelings. They can support you and help you think more clearly.
Bring in a Lawyer Mid-Process. You can get a lawyer even if you’re already in the middle of the process. The court might let you get a lawyer during a hearing. They can help you understand the next steps and represent your interests.
Use Arbitration. Arbitration is another option if you and your spouse can’t agree. An arbitrator listens to both sides and makes a decision. This can resolve disputes without going to court. Getting stuck in a divorce can be frustrating. Remember, you have options to get help and move forward. Hiring a lawyer, using mediation, or seeking counseling can make the process easier.
These ideas can help everyone during the divorce. Lawyers can guide you and make the process easier. Mediators can help you reach agreements faster. Temporary orders can protect you and your children. Therapists can support your mental health. Staying active can keep you strong. New hobbies can help you make new friends. Support from friends and family can make you feel less alone. Arbitration can save time and reduce stress.
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