Every divorce in Michigan must make a final resolution of all marital property, custody and support of any minor children born in the marriage, support of both spouses, and any other issues that involve the marriage. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible. Waiving 6 month waiting period michigan divorce laws. In the state of Michigan, assets are divided based on "equitable distribution", which attempts to divide property as close to a 50-50 split as possible. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. Couples with relatively few issues can often agree upon the terms of their divorce prior to that first court date. Photos, e-mails, and live witnesses are some of the best ways to prove that one party is at fault for the breakdown of the marriage.
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The judge makes custody decisions (legal and physical) based on "the best interests of the child. " We want to help you manage your situation. It's undeniable that if you have children, preparing to file your divorce complaint can be an especially overwhelming process. The same statute, MCL 552. This means you do not need to cite any specific reasons for divorce other than a breakdown in the marriage, and there is no reasonable likelihood that the marriage can be preserved. Public policy encourages people to take some time to collect themselves and think things through before finalizing a divorce and potentially mending fences for the sake of the family. A remarriage that occurs before a final judgment of divorce is entered is void and subject to annulment. The Court will then make a decision regarding the issue and enter an order. How Long is the Divorce Waiting Period in Michigan. Four steps typically happen during the divorce discovery process: - Request for Production: This is when attorneys request documents such as bank statements, statements of income, and other information that they feel will benefit their clients. If you have children who are minors, this period of time might be longer: 180 days, or approximately six months, from the date of the initial filing. In Michigan, there are two waiting periods. The plaintiff must meet Michigan's residency requirements (180 days in the state and 10 days in the county), and properly serve the other party under the service requirements in the Michigan Court Rules.
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A parent petitioning for a child's name change must notify the other parent and any interested parties, and allow them an opportunity to object to the name change at a hearing. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude. Michigan Divorce Laws FAQ - Divorce in Michigan. If you can't reach an agreement, the FOC may make a recommendation to the judge. Order child support. The Friend of the Court may try to help you and your spouse agree on custody and parenting time. The Michigan Child Support Formula Manual lists 20 reasons (called deviation factors) that the Formula amount could be unfair or inappropriate.
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We love to settle cases, but are not afraid to fight. By mediated agreement, where you and your spouse meet with a mediator and decide the terms. As you can see, the time it takes for a divorce depends on many factors; divorce time varies widely depending on the complexity of each case. Waiving 6 month waiting period michigan divorce code. Most Courts can process your complaint within one to two days of the filing. If you foresee a divorce trial in your case, it can be a year or more until your case is finished.
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There are also state and federal laws that give people on active duty extra protections in civil cases. Spousal support is not always awarded. If you qualify, you can use the Do-It-Yourself Fee Waiver tool to prepare a Fee Waiver Request. The court clerk should give you information on how to do this. By trial, where the judge makes a decision because you and your spouse can't reach an agreement. Waiving 6 month waiting period michigan divorce application. In fact, the judge may order you to participate in mediation to resolve any contested issues.
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A divorce trial is like most other trials. If you or your spouse is pregnant during the divorce, the judge may require you to wait to enter the Judgment of Divorce (the final order in your case) until after the birth. Divorce is always hard, but it can be particularly tricky when you don't agree on some finer points. This is called limited scope representation. Mich. Rules of Court, rule 3. A hearing is held, and the Judge will issue a temporary decision. While your divorce is pending, you and your spouse may decide you don't want to get divorced. Once a divorce complaint is filed in court, the looming reality of separation can trigger couples to begin talking about their issues in a new way. In general, Michigan is a "no-fault" Divorce state, meaning, if one spouse files a Complaint for Divorce and the other spouse does not want the Divorce, the Court will still proceed. Why Is There A Waiting Period To Get A Divorce Granted In Michigan. Exact costs may vary by county. Because both you and your spouse will sign the petition and request for a consent order, you don't have to go through the formal process of serving your spouse with the divorce papers. Discovery is how a side collects evidence on the other side to be used in a divorce case. At the conclusion of the Trial, the Family Court Judge will render an Opinion on the disputed issues (sometimes verbally from the bench and, sometimes, in writing).
However, every divorce case is different, and it is essential to get expert guidance if you are considering filing for Divorce.