Uncontested divorces in Michigan are generally quicker, cheaper, and less frustrating than contested ones. Here’s what you need to know about uncontested divorce proceedings – and why you should still seek legal guidance from an experienced family law attorney.
What an Uncontested Divorce Means in Michigan
If you’re just starting to go through the divorce process in Michigan, you probably have questions about what to expect next. Chief among them may be, “What does uncontested divorce mean?”
An uncontested divorce in Michigan occurs when the divorcing spouses agree on everything that must be resolved before their divorce can be finalized. These matters include:
- How the spouses will divide marital property and debts
- Whether one spouse will make support payments to the other and, if so, how much
- Who will have custody of the children
- How child support will be paid under Michigan’s Child Support Formula
A couple that cannot reach an agreement on these issues on their own will have to go to court to resolve them. Such contested divorces are typically more expensive and involve more legal complexity than uncontested ones.
Who Qualifies for an Uncontested Divorce in Michigan?
To qualify for an uncontested divorce in Michigan, you must first meet the state’s residency requirements. This means that:
- Either you or your spouse must have lived in the state of Michigan for at least 180 days immediately before filing.
- Either you or your spouse must have lived in the county where the petition is filed for at least 10 days immediately before filing.
You must also establish the grounds for your divorce. Michigan recognizes only the breakdown of the marriage. You do not need to prove wrongdoing or fault on the part of your spouse, only that there is no reasonable likelihood that the marriage can be saved.
Finally, you must already have come to an agreement with your soon-to-be ex about how your property and debts will be divided, who will get custody of the children, whether one of you will make spousal support payments to the other, and, if so, how much those support payments will be. If you have shared children, support obligations are subject to the state’s child support formula. While the court hearing your case can deviate from this formula, you must be able to prove that it would yield an unjust or inappropriate result.
If you meet these requirements, your divorce can be uncontested.
How to File for an Uncontested Divorce in Michigan
Your very first step should be to hire an experienced uncontested divorce attorney. While an uncontested divorce is typically less difficult than a contested one, you still want someone protecting your rights and guiding you through this complex legal process. Here’s how uncontested divorce works once you’ve hired legal counsel:
- Verify that you meet Michigan’s residency requirements. That generally means that either you or your spouse must have resided in Michigan for at least 180 days immediately before filing, and that either you or your spouse must have lived in the county where you’re filing your petition for at least 10 days immediately before filing.
- Be sure you’ve resolved all outstanding issues pertaining to your divorce, including property division, child custody, and support obligations.
- Fill out your case initiating document per Michigan state law. This document should include both of your names and related contact details, the names and ages of all shared children, and other pertinent information.
- File your paperwork with the appropriate Circuit County clerk. You will also need to pay various filing fees, which will depend on the county you’re filing in.
- Serve the papers on your spouse. You can go through the local sheriff’s office or hire a process server. Alternatively, your spouse can submit an Acknowledgment of Service form to the court in order to avoid this expense.
- Wait for 60 days if you have no minor children or six months if you do. Michigan requires you to meet this waiting-period requirement before your divorce can be finalized.
- Sign and submit your marital settlement agreement to the court. A judge must review your paperwork to ensure that it meets every requirement under state law. Once the judge signs off on your settlement, your divorce is finalized.
How Long Does an Uncontested Divorce Take in Michigan?
Are you wondering, “How long does an uncontested divorce take?” The answer depends on a few factors, starting with how long it takes you and your spouse to resolve all necessary issues. If you and your spouse are in disagreement about any of these, such as child custody or division of marital assets, you may need to factor in time for alternative dispute resolution (ADR) to help you resolve them.
The other critical factor is whether or not you have minor children. Michigan imposes a 60-day waiting period on divorces without minor children and a six-month waiting period on divorces with them. In either case, your divorce cannot be finalized until you’ve met the waiting-period requirement that applies to your situation.
Depending on the circumstances, you can expect your uncontested divorce to take anywhere from a few months to about a year.
Costs and Benefits of an Uncontested Divorce
How much you spend on your uncontested divorce in Michigan will depend on several factors, including whether you need to go through alternative dispute resolution (ADR) to resolve outstanding issues and the specific legal fees your county assesses. Factoring in legal counsel, you can expect to pay several hundred to a few thousand dollars – considerably less than you’d spend on a contested one.
The other major benefit to an uncontested divorce is the time and frustration you save compared to a contested divorce. An uncontested divorce lets you start living your new life sooner and with less emotional baggage than a drawn-out fight would.
Why Acting Early Can Help Avoid Delays and Complications
Even an uncontested divorce involves bumps in the road. While it might be tempting to try a “DIY” divorce on your own, doing so could leave you unprepared to deal with the unexpected on the path forward. This could prolong the court process and wind up costing you more in the end. The sooner in the process you hire an experienced uncontested divorce lawyer, the quicker you can turn the page to a new chapter of your life.
Speak With a Michigan Divorce Lawyer Today
Are you wondering if an uncontested divorce might be right for you? Then contact Alward Fisher today. We’ll get to know your situation during a confidential consultation and then explain your options for ending your marriage with a fair outcome for all parties involved as quickly and painlessly as possible. Reach out today to get started.