5 Factors that Can Impact the Length of Your Divorce Process
For many Michigan couples, divorce can’t come any sooner. Unfortunately, like many legal filings, even a simple divorce takes time to finalize. Whenever you add extra complexities, such as shared assets, children, or debt, the situation can turn into a lengthy court battle.
If you’re considering filing for divorce in Michigan, you should know about some factors that may delay or speed up the process.
1. Mandatory Waiting Period
Under Michigan law, whenever a divorce action is filed, spouses must comply with the state’s mandatory waiting period before moving forward in court.
The current minimum waiting periods are:
- 60 days for couples without minor children
- 180 days for couples with minor children
As such, you can expect even a baseline divorce to span a few months while the applicable waiting period expires.
2. Child Custody Agreements
One of the most contentious issues in any divorce is child custody. Whenever children are involved as part of a divorce, the process may take much longer.
Both parents naturally want what’s best when it comes to their children. Whenever you and your spouse cannot agree on visitation or custody, the courts will have to step in to decide. The court’s process in determining custody arrangements takes time because they’ll have to review relevant evidence, hear both arguments, listen to testimony, and make a final ruling.
Michigan divorce cases cannot be finalized until child custody issues are in order.
3. Being in Agreement
Not every factor in a divorce slows down the process. Whenever you and your spouse agree on the division of assets or other contentious issues, you can expect the process to conclude sooner rather than later.
Many Michigan couples end their marriage amicably and quickly through a collaborative divorce, which avoids the need to go to court altogether. Depending on your situation, this may be a simpler solution.
4. Divorce Mediation
Although Michigan law does not require mandatory mediation as part of the divorce process, many couples choose to participate in negotiations through a neutral third party.
In many cases, spouses can resolve their disagreements about the terms of their divorce outside of the court. Mediation is often an excellent resource that can help you settle on difficult decisions and could result in less time in court.
5. Complex Assets
If your divorce involves complicated assets like a business or shared properties, you can expect the process to be slower.
The more assets you have, the more complex a divorce is likely to be. Courts will be tasked with determining how to divide finances equitably.
In any high-asset situation, you should always consult with an experienced divorce lawyer who can litigate on your behalf and protect your finances. It’s critical you prioritize your rights over expediency.
Divorce Attorneys in Oakland County
Gucciardo Family Law understands that time is valuable. When it comes to expediting the divorce process, our attorneys are dedicated to working around your priorities. If you live in Oakland County, call us today for a free consultation.
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