The two types of divorce available in Michigan are uncontested and contested divorces. The category your divorce falls under can significantly impact the length, cost, and stress of getting divorced.
At Alward Fisher, our uncontested divorce lawyers have extensive experience handling divorce cases in Elk Rapids and elsewhere across the state. Contact our firm to learn more about the benefits of an uncontested divorce and how we can help you make the process as smooth as possible.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree to terms that will resolve all issues that need to be addressed to be granted a divorce. This includes agreeing to the division of marital property, child custody, and any other necessary terms that may be specific to your case.
In contrast, a contested divorce is one in which the parties disagree on one or more issues that must be resolved before a divorce can be ordered. Contested divorces often require mediation, arbitration, or litigation to resolve various disputes between the parties.
Who Is a Good Candidate for an Uncontested Divorce?
You may be a good candidate for an uncontested divorce if you and your spouse both agree that a divorce is inevitable based on the direction of your marriage. Uncontested divorces are only possible when both spouses want to reach resolution. You and your spouse must be willing to work together to enter into a divorce judgment that fully addresses all issues that would otherwise be ordered in a contested proceeding.
Benefits of an Uncontested Divorce
The primary benefits of an uncontested divorce are that it’s both cost and time-effective, with a lower level of stress since the outcome is already known at the time the documents are sent for filing. Consider the following:
- Uncontested divorces typically cost far less than contested divorces.
- Uncontested divorces tend to take much less time than contested divorces.
- Uncontested divorces skip the disputes that regularly cause the most stress in contested divorces.
How Long Does an Uncontested Divorce Take in Michigan?
The timeline of your uncontested divorce primarily depends on whether you have minor children. If you have no minor children, there is a 60-day waiting period between filing for divorce and the courts granting your divorce. If you have a minor child, that waiting period extends to six months; however, this could be reduced if there is a justifiable reason for doing so.
How an Uncontested Divorce Lawyer Can Help You
The main benefit of hiring an uncontested divorce lawyer is to make sure the legal process goes smoothly. Your lawyer will know what divorce paperwork you need to fill out and submit to the court, the fees you can expect, and what the particular judge handling your case looks for in uncontested divorces.
They’ll also be able to provide general legal advice relating to your case, such as if you have questions about dividing marital property or how best to come up with a parenting plan.
Cost of an Uncontested Divorce in Elk Rapids
The cost of an uncontested divorce in Elk Rapids varies on a case-by-case basis. However, you can expect to pay anywhere from $2,500 to a few thousand dollars in most cases. This cost includes the court filing fee, typically ranging from $175 to $255, as well as attorneys’ fees.
Any time you plan to hire an attorney, you should discuss their fee structure during your initial consultation. This will give you a better understanding of what the overall cost of your divorce may be.
FAQs About Uncontested Divorce in Michigan
The following are some of the most frequently asked questions our family law firm has received about uncontested divorce in Michigan.
What is the residency requirement for filing for an uncontested divorce in Michigan?
To file for divorce in Michigan, you must have lived in the state for 180 days immediately preceding your filing, and you must have lived in the county where you’re filing for 10 days immediately preceding your filing.
What are the grounds for divorce in Michigan?
Because Michigan is a no-fault divorce state, the only grounds necessary for filing for divorce are that there has been a breakdown in the marriage and that it is unlikely to be restored. You do not need to show that your spouse is at fault, which makes obtaining an uncontested divorce easier.
Can you get an uncontested divorce if you have a minor child?
Having a minor child does not bar you from getting an uncontested divorce. However, for your divorce to be uncontested, you and your spouse must agree to all terms of the divorce, which include child support, a child custody arrangement, and a parenting plan if you have a minor child.
Why Hire Our Elk Rapids Uncontested Divorce Attorneys?
At Alward Fisher, our uncontested divorce attorneys have more than 100 years of combined legal experience. We’ve handled a wide variety of divorce cases throughout the state, and we’re prepared to put our knowledge to work for you.
Some of the key ways we can help with your uncontested divorce include the following:
- Calculating the value of your marital assets and helping you determine an equitable division
- Drafting legal complaints and filing them with the court
- Assisting with drafting a parenting plan
- Representing you in court hearings
Contact an Experienced Uncontested Divorce Lawyer in Elk Rapids Today
If you and your spouse are planning to get divorced, contact Alward Fisher to speak with one of our experienced family law attorneys. We can help you prepare for your divorce and take steps to minimize the cost and disruption it has on the rest of your life.