Divorces come in a variety of forms. Some can be classified as being contested. Some are uncontested. Some claim to have gone through an uncontested divorce. Everything is resolved. They are interested in the process. They are interested in the cost. The parties agree on every aspect of the divorce if it is genuinely uncontested. The other spouse agrees with whatever one spouse says. The process will then be reasonably quick, reasonably painless, and inexpensive. This article is going to talk about what you should know about uncontested divorce in Michigan with kids.
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It’s quite rare for people who don’t get along and are on the divorce path to agree on anything. Most people are not that agreeable. People put on a collective front. A battle breaks out as soon as they start discussing the specifics of their divorce. Now you are aware that it is not uncontested. It might even be quite contentious. People may be able to communicate verbally. Create a document describing their agreement and present it. You must take a seat and resolve the problems. Consult a lawyer. Some things are possible for you to miss.
What is a contested or uncontested divorce in Michigan?
Michigan does not demand that you establish grounds for divorce. It is after all a no-fault divorce state. This doesn’t mean that all divorces are easy. In every divorce, you and your ex will need to come to an agreement on crucial matters. These matters include child custody, child support, property division, and alimony. You will be negotiating these agreements. It depends on you whether an uncontested divorce or a contested divorce will be sought.
Uncontested divorce
You and your ex come to an agreement on the majority of the issues on the dissolution of your marriage. This does not imply that there will be no arguments or faults in the divorce. It only indicates that you can resolve the dispute outside of court. There are advantages to an uncontested divorce. One benefit is that you save the expense and hassle of legal action. Uncontested divorces also progress more quickly. It saves you and your family from a protracted legal battle. Any issue between you and your ex that isn’t directly related to the welfare of a minor child may be resolved. When children are involved, the matter will be sent to the appropriate court. The court will interview the children and offer recommendations. The divorce becomes contentious when parties disagree with the court’s recommendations.
Contested divorce
Contested divorces often take longer. It will cost more money. Divorce becomes more contentious when there are children involved. Arguments can arise over things like child custody and parenting time. It can spill over many other matters involving children. Parties to a divorce may not agree on spousal support orders. They can disagree on the liquidation of assets. They need to meet Michigan’s fair and equitable standard of marital property division. The court decides the case’s conclusion in contentious divorce proceedings. Outcomes of contentious divorce can occasionally be unfavorable to both parties. They are more traumatic for all parties involved.
People would want to end their marriage as amicably as possible. The pain and the resentment can always get in the way of this process. What seemingly is an uncontested divorce can suddenly turn into a heated and passionate fight for custody, support, and property division. Everything suddenly is contentious.
How would you know if an uncontested divorce is for you?
There are prerequisites for obtaining an uncontested divorce in Michigan. They are a comprehensive settlement of the issues and state residency. Find out if an uncontested divorce is for you. You and your spouse must agree on all pertinent issues, including the following:
- Division of debts and assets. Claims to retirement benefits and life insurance will also be taken into account.
- One partner will pay spousal support. Referred to as alimony in Michigan. How much and for how long?
- Matters involving children. This includes visitation rights, child support obligations, and custody arrangements. This also includes coverage for health and dental insurance.
Mediation
You may be challenged in other matters you wish to discuss throughout your divorce. Mediation may be able to help you. Most mediators will create a document. It will include all the agreements you make during the process. The structure of a written settlement agreement could be based on the contents of this paper.
State residency requirement
You must also meet the state’s residency requirements. You need this to get a divorce in Michigan. You or your spouse must have resided in the state and the county where you filed your divorce petition. You must be for at least 180 days before submitting the paperwork. You must have either been a married couple residing in Michigan for at least a year before filing. Or, you must have been a Michigan resident for at least a year before filing.
You would want to have your divorce proceed smoothly. Conclude it at the earliest with lesser cost. It’s the reason you would want an uncontested divorce. The thing is, you just need one ticklish issue unresolved and it will set off a contentious divorce. Then, you’re on a path you did not want to take in the first place. Of course, it will not hurt to try to go for an uncontested divorce. The best way to do this is to find the right divorce attorney in Michigan. Work with that attorney and prepare for an uncontested divorce.
How do you prepare for an uncontested divorce in Michigan?
The more information available, the more likely an uncontested divorce is going to be. The only way you can trust the process is to have better information about it. Ask your attorney about the divorce process. Understand what the process will ask from you. You must be able to prepare well to hasten the process.
Transparency
Transparency in the discovery process is necessary. Both sides are required to be extremely honest. The declarations are typically given under oath. The gathering of data and documents requires cooperation from both sides. These will be useful in deciding how to divide the property and how to provide support.
Custody and parenting time
It is practical to discuss the terms of child custody and parenting time right away. Check out the Friend of the Court’s parenting time guidelines. The best place to start when creating the best parenting time schedule is now.
Talking points
Make a “talking points” chart. Start by discussing topics on which you are already in agreement. That should make the initial discussions conclude quickly. Set up a different time and meeting to discuss the issues you couldn’t come to an agreement on. You can come up with a better solution later. Work on the negotiations with your lawyer. Keep in mind that these are merely preliminary. It is advisable to discuss these issues before appearing before the judge. The steps to begin the divorce procedure can now be taken. Gather the paperwork and information required for the divorce process.
The initial stages of the discussion are critical to smoothen the process for an uncontested divorce. Treat each meeting and agreement as a work in progress. In this way, you don’t get locked into a certain position. Expect a lot of revisions and compromises until you are down to just a few issues. There are children involved. Don’t lose track of why you’re going through this. Always think about the best interests of the children. The court thinks the same way too. Keep in sync.
What are the steps to an uncontested divorce in Michigan?
During the tough divorce process, the parties involved suffer emotionally. It is best to exit your marriage amicably through an uncontested divorce if it is possible. The process is summarized into five steps.
Step 1: Finish the paperwork. Pay the filing fees. Inform your spouse
The documents you need to file with the court will depend on your circumstances. You may have children. You may be requesting alimony. You will be dividing assets like a home or retirement savings. Include supporting documents with your petition. At the very least you must submit a summons and a complaint. You should have already decided on the appropriate Michigan circuit court to file. One spouse is required to file the complaint along with all accompanying paperwork.
The Michigan Court forms. The court decides the specific forms you need. Most of the documentation is downloadable. You can find them on the Michigan Courts’ Forms page. You should be able to get paper copies of the forms from the court clerk. Go to the county where you will be submitting the paperwork. Some people choose to get help from an online service. These experts will ensure that your forms are properly filled out. This will hasten the process on your behalf. The following are the crucial papers you’ll need to file for an uncontested divorce:
- Form CCFD 25 – Petition – Consent Judgment
- Form MC 282a – Domestic Violence Screening
- Form FOC 100 – Domestic Relations Judgment Information
- If you have minor children or are asking for spousal assistance as part of your divorce decree, you must submit a Verified Statement (form FOC 23), and
- Your proposed Consent Judgment. It should adhere to all divorce-related legal requirements and incorporate the terms of your settlement agreement.
Form FOC 100 and Form FOC 23. The Domestic Relations Judgment Information and Verified Statement must be sent to the FOC. You should be able to get instructions on how to do this from the court clerk.
Pay the divorce filing fee. These costs vary depending on the county. Your spouse will be given a copy of the documents for a modest fee. You might be able to avoid paying these fees if you meet the requirements.
Notify your spouse. Notify your spouse. Your spouse must receive a formal copy of the documents. You can’t merely relay this information to your spouse, who is now the defendant. You’ll need to hire a third party to deliver the documentation. Usually, a process server or sheriff’s deputy will handle this. Of course, if your spouse does not reply or return the signed documents, the process will not be finished. A spouse has the right to reply to the complaint. They have to do it within 21 days or 28 days if service is made by mail, describing the facts of their disagreement. If a spouse has signed a release or has consented to the totality of a complaint, there is no need for a response.
Both spouses may also file the required paperwork jointly. A written agreement on the divorce may be in place and the divorce is not contested. The judge may enter a default judgment against the spouse if no response is submitted. This will give the other spouse all the claims made in the initial complaint.
Step 2: Complete the financial disclosure form
Courts now expect you to volunteer your financial condition. It must be fully disclosed to the Michigan courts. Your report must contain details about your earnings, spending, possessions, and debts.
Domestic Relations Verified Financial Information Form. Both spouses must complete the Domestic Relations Verified Financial Information Form. It must be signed under penalty of perjury. Financial accounts that need to be disclosed are (but not limited to):
- Banks.
- Credit unions.
- Shares of stocks.
- IRAs.
- Annuities.
- 401(k).
- 403(b)
- Trusts.
- Michigan Education Savings Program (MESP). Health savings accounts.
New rules on financial disclosures. Michigan Court Rules were recently updated by the Michigan Supreme Court. This ought to simplify disclosures. Make it simpler for parties to exchange financial details during the divorce process. On January 1, 2020, these new rules came into force. Parties to divorce must now voluntarily disclose information. They provide all of their financial information while under oath. Financial information includes employment information, earnings, assets, and debts. There are restrictions on the kinds of discovery you are allowed to utilize. The regulations forbid the excessive or incorrect use of discovery. This could be the foundation for a claim for legal expenses.
Step 3: Negotiate with your spouse
Deal with the most difficult problems first. Together, discuss your alternatives and how you’ll handle each aspect of your divorce. Draft an agreement as soon as you can. A judge wants to see that your divorce will be amicable. Conversations that are friendly make it simple to agree. Easy to discuss the settlement’s terms. Couples should try talking to each other with no help from your trusted Michigan family law attorneys. It is the least expensive alternative for reaching a settlement. A couple may be unable to reach an agreement. They can take the issue to their respective attorneys. Their attorneys can then negotiate back and forth with one another to find a solution.
All personal and legal conversations can be organized into a single resolution. A definite advantage of direct negotiation is cost. The less work the attorneys have to do, the better off each spouse will be. Divorcing couples are often hesitant to negotiate with an estranged partner. They forget that they will still need to talk about the little matters anyhow. They need to talk anyway even when a lawyer negotiates all the big issues in a divorce.
Step 4: Go through the mandatory waiting period
Waiting periods are unavoidable timelines that you need to literally wait out. There are provisions for divorce with minor children and those without.
The 60-day waiting period. If there are no children involved in the divorce, Michigan requires a 60-day waiting period. If the decision is issued in sixty days or fewer, the divorce is unquestionably void. Under Michigan law, the six-month waiting period may be waived, but the sixty-day one cannot. The six-month waiting period may be extended in some circumstances. Never to less than sixty days, such as where “severe hardship” or “such compelling necessity” appeals to the court’s conscience.
The 6-month wait. There is often a six-month waiting period when small children are involved. The Michigan court system is under a lot of pressure to make rulings in divorce cases one year after the filing date. The “normal” waiting period following the filing of the complaint is six months. This is for divorce cases involving children. The waiting period also starts counting the moment the lawsuit officially starts. Child custody disputes often last more than six months, even if they can be resolved in less time.
The waiting period results from the state’s emphasis on protecting the family. Preserving the institution of marriage as much as it can. It eventually works in the children’s best interests. It gives both parties a “cooling off period” to think things over and decide against divorce.
Step 5: Attend the hearing
The date of the hearing may be set by the court. You as the initiating party may have to show up to this hearing. The judge examines your agreement. Ensures that the divorce settlement’s conditions are fair. Then the judge signs it. The defaulting defendant may sign the judgment, assenting to all its provisions. The court will enter it. The defendant does not have to show up at the hearing.
There is never a guarantee a divorce will be easy. An uncontested divorce is an option if separating couples can set aside animosity. Mutual trust and cooperation are ingredients to get spouses to talk. When couples can bring themselves to sit down and talk uncontested divorce can be an option. Negotiation can move forward and a consensus can be reached.
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