Going through a divorce is often a stressful experience. No one gets married expecting it to end in divorce, and when it does, it comes with many emotions. When the process is contentious, it’s easy to feel overwhelmed by the process, which can be time-consuming, complicated, and expensive. But while some divorces involve significant conflict and disagreement, this isn’t always the case. If you and your spouse agree the marriage should end and are generally on the same page about the specifics, an uncontested divorce may be right for you.
Contact a Michigan uncontested divorce lawyer at Alward Fisher today to learn more about this simpler, less contentious process and whether it’s right for you. We’ll gladly review your legal options with you in a confidential initial consultation.
What is Uncontested Divorce in Michigan?
An uncontested divorce has two key elements. First, both spouses agree that they should end their marriage. Second, they don’t have major disagreements regarding the division of assets, child custody, child support, spousal support, and other significant matters.
Contrast this with a contested divorce, which occurs when the spouses have strong disagreements about who gets the house, who has custody of the kids, who has access to which household property, and more. The spouses may not even agree as to whether they should divorce in the first place.
Not surprisingly, a contested divorce takes longer to complete, costs more money, and does little to prevent conflict. An uncontested divorce is faster, less costly, and helps set the tone for a positive, civil relationship between ex-spouses (and their children, if applicable) following the dissolution of their marriage.
Qualifications for an Uncontested Divorce in Michigan
A Michigan uncontested divorce requires spouses to meet two primary qualifications. First, there needs to be a general agreement on the issues surrounding the divorce. It’s common for spouses to agree in general but have differences in the specifics. These differences can be discussed in mediation to reach a mutually acceptable agreement.
The other qualification is that you meet the residency requirement. At least one of the spouses must have lived in Michigan for 180 days (roughly six months) before initiating divorce proceedings. Additionally, at least one of the spouses must have lived in the county where the paperwork is filed for at least ten days prior.
How Long Does an Uncontested Divorce Case in Michigan Take?
An uncontested divorce can typically be completed much faster than a contested divorce. If no minor children are involved, the divorce can be finalized within 60 days of filing. The process takes six months to complete if the spouses have minor children due to a mandatory waiting period. Talk to your uncontested divorce lawyer if you have questions about the timeline.
Steps For An Uncontested Divorce In Michigan
While an uncontested divorce process is more straightforward than a contested divorce, it still requires you to complete the following steps:
- Meet the residency requirements for Michigan uncontested divorces as outlined above.
- Fill out all the required Michigan uncontested divorce forms, including the complaint, the summons, and a verified statement if you share minor children.
- Submit all the required paperwork to file for divorce in your county, and pay the associated filing fee.
- Arrange to have the divorce papers served to your spouse. You can’t do this yourself. In an uncontested divorce, the most efficient option is for your spouse to fill out the acknowledgment of service section of the summons.
- Your spouse has 21 days to answer the divorce complaint or 28 days if the documents were served by mail.
- Complete the required financial disclosure documents. These should be signed, notarized, and exchanged between the spouses.
- Complete the judgment of divorce papers outlining your divorce agreement regarding parenting matters, division of debt and assets, and other issues.
- The waiting period begins the day you file your divorce complaint. The waiting period is 60 days without children and 180 days with children.
- After signing the judgment of divorce, you can schedule your final hearing. This hearing must be scheduled after the mandatory waiting period has passed.
- At your final hearing, the spouse who filed the divorce complaint may be asked a few questions by the judge. The judge will review your agreement for fairness, sign the divorce judgment, and conclude the proceedings.
This may seem like a lot, but remember that you don’t have to do this alone. An experienced divorce attorney can help you with this entire process, from filling out your Michigan uncontested divorce forms to submitting documents to the court and keeping tabs on your case.
How Can an Uncontested Divorce Lawyer Help?
There’s no way around it – divorce proceedings are complex, and the paperwork can be confusing, substantial, and time-consuming. The fact that your divorce is uncontested doesn’t mean that it will be easy.
Thankfully, your Michigan uncontested divorce lawyer can handle this complicated paperwork for you. An attorney with experience handling divorce cases will be familiar with all the documentation Michigan requires from divorcing spouses and can complete it efficiently and accurately. They can also review your final divorce agreement to make sure its terms are fair and enforceable.
Just remember: a divorce attorney can only represent one side. If one spouse hires an attorney, that attorney can only represent that individual’s interests. Hire your own legal representation to be safe.
In addition to ensuring your divorce paperwork is completed correctly, your attorney will stay on top of all the deadlines related to your case, keep you informed of any developments, and be available to answer your questions.
Contact the Experienced Uncontested Divorce Lawyers at Alward Fisher
Divorce is an inherently stressful process. You don’t need to make it any more stressful. When you and your spouse have agreed to a divorce and don’t have any major arguments concerning the conditions of your split, an uncontested divorce allows for a smoother, faster, and less painful process than a contested divorce.
The uncontested divorce lawyers at Alward Fisher have over 100 years of combined legal experience to put at your disposal. Our full-service family law firm is here to help you pursue an uncontested divorce in Michigan with compassion and understanding. Contact us today for a consultation to discuss your situation and learn more about what we can do for you.
