How long michigan divorce

You must hire another person to deliver the paperwork. Paperwork can also be sent by certified mail. Your spouse may also agree to accept service of the papers by filing a written waiver. However this is completed, you must make sure a written affidavit of service is signed and submitted to the courthouse before your case can move forward.

A spouse has the right to file a response to the complaint within 21 days 28 days if served by mail , explaining what parts of the complaint they disagree with. If a spouse agrees with everything in a complaint or has signed a waiver, no response is required. Both spouses can also file paperwork together when the divorce is uncontested and a written settlement is in place. In these cases, a judge may sign off on the divorce, or when there is no response, the judge may enter a default judgment against the spouse, granting the other everything they asked for in the original complaint.

The Michigan courts require you to provide full disclosure of your financial situation. This includes information on your income, expenses, assets and debts. You and your spouse must each complete the Domestic Relations Verified Financial Information Form which must be signed under penalty of perjury. The key to an uncontested divorce is to do the hard work of making divorce-related decisions upfront.

Talk with your spouse and decide how you will handle all the issues related to your break-up. Begin drafting an agreement that you can present to the court to prove that your divorce will be amicable. If you and your spouse do not have children together, there is a two-month waiting period before the court will finalize your divorce.

If you do have children together, there is a six-month waiting period. A judge can waive the six-month waiting period in some cases if hardship is involved. If you are not in default, you can file a motion asking the judge to waive part of the waiting period. This waiting period begins when your spouse files the divorce, even if you and your spouse were separated before that time. A final hearing will be scheduled. At that time, the judge will review your agreement, ensure the terms of the divorce are fair, and the judge will sign a judgment of divorce.

At a minimum, it will take at least three months for an uncontested divorce in Michigan. This assumes one spouse files paperwork and has paperwork served, which starts the day response period, and there are no children in the marriage, triggering a two-month waiting period.

The other variable is that court schedules are often impacted, meaning that there could be issues with backlogs, final hearing scheduling issues, or other administrative processes.

It generally takes about weeks to finalize uncontested divorces in Florida. There are few experiences more stressful, emotional and challenging than a divorce. Because of the gravity of these issues and the financial and legal risks involved, it is important to make sure your rights and interests are protected. Michigan is a no-fault divorce state, which means there does not need to be proof of infidelity or wrongdoing to initiate a divorce.

All that is required to initiate divorce proceedings is for one spouse to testify that there has been an irreconcilable breakdown in the marriage and that there is no reasonable likelihood that the marriage can be preserved.

While fault is not required to initiate a divorce, the division of assets, judgements and settlements are often influenced by the amount of blame, fault or guilt of the parties involved. Grounds For Divorce — These are the requirements to which someone can be granted a divorce. In Michigan, these requirements are detailed in MCL High Conflict Divorce — High conflict divorces involve highly volatile situations such as abusive spouses, narcissistic personalities, and criminal behavior.

Appeals — Certain judgements and rulings in family court can be appealed there are two main types of these appeals. The first is Appeal By Right which involves final divorce judgments and post-divorce court orders. The second is Appeal By Leave which involves child custody, parenting time, child support, spousal support, etc. High Asset Divorce — As the name suggests, high asset divorces involve significant finances and high net worth individuals.

Parenting Time — Parenting time refers to the amount of time individual parents are allowed to spend with a child after a divorce. Spousal Support Alimony — Spousal support is also known as alimony.

In short, this is the legal obligation for someone to support their spouse after a divorce or separation. Prenuptial Agreement — This is a written agreement between two parties prior to marriage designed to protect assets in case the marriage is terminated. Antenuptial Agreement — This is the same as a prenuptial agreement but is specific to the State of Michigan.

In other words, prenuptial agreements in Michigan are known as antenuptial agreements. The vast majority of Michigan divorces, even those that end in trial, are concluded less than a year from the date they were filed. If you have questions about divorce in Michigan, or what the timeline for a Michigan divorce would be in your particular case, please contact our law office to schedule a consultation.

For Referring Attorneys Contact Us. James Hubbert Richard Graham. Attorneys James Hubbert. Richard Graham. What is the Timeline for a Michigan Divorce? March 25th, at am. Posted by James Hubbert. What Happens After a Divorce Complaint is Filed Once you file a divorce complaint, it needs to get into the hands of your spouse. Divorcing With or Without Minor Children As you probably expect, having minor children from the marriage means that your divorce will take longer.

Exchanging Information: Discovery If you and your spouse have not resolved all your issues, there is a period for discovery built into your divorce timeline. For most people, this is enough to convince them to return to the negotiating table and keep their case out of court. It depends on your situation. Some couples are able to handle their own divorces without involving attorneys, especially if they have no children. However, if your case involves a lot of property, you should hire a lawyer. Similarly, if you and your spouse cannot agree on issues like parenting and support, you should have a lawyer.

Even if your case is relatively straightforward, it makes sense to consult with a lawyer, learn your rights, and make sure you are making the best decisions for your future. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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