Minimum divorce timelines vary from state to state. In Michigan, spouses may be granted a divorce in as few as 60 days. However, while sixty days is the legal statute when a couple has no children, many factors affect how quickly divorce can actually be finalized.
The Michigan Divorce Process
The process of getting a legal divorce in Michigan can be fairly uncomplicated if both parties are in agreement. Some steps can be avoided, but others may be added depending on your situation.
Initial Filing
The process begins when one spouse files a complaint for divorce. A complaint for divorce is an official document that records the names and contact information of the couple, as well as any minor children they may have.
When minor children are involved, you must also file a Verified Statement. A Verified Statement goes to the Friend of the Court and includes information about the parents, their employers, and any healthcare details that relate to minor children.
Discovery and Mediation
Once the correct papers are filed and both parties acknowledge they have been served, the “defendant” spouse has 21 days to file their answer. The process of disclosing the parties’ assets, known as “discovery,” comes next.
After all assets have been discovered, the parties must come to an agreement about asset division. If no agreement can be made, mediation may be mandatory before a trial date can be set.
Hearing and Judgment
The divorce becomes finalized when the judge signs the Judgment of Divorce. Only one party is required to attend the court hearing to testify to the terms of the judgment.
All of these steps can happen within a minimum of 60 days if there are no complicating factors. On average, most uncontested Michigan divorces take around 10 weeks to complete.
Factors That Affect Divorce Timelines
If the couple has minor children, they typically must wait 180 days from the time the complaint is filed before a divorce order can be signed. However, a judge may be willing to waive the waiting period if the parties agree.
Other factors that can affect the timeline include:
- A long discovery process, if one or both parties suspect hidden assets
- Incomplete or incorrect documents
- Lack of cooperation
- Complex finances
- A contentious custody battle
- Emotional conflict between spouses
The more willing partners are to approach a divorce with cooperation and transparency, the smoother and faster the process can be. Contested divorces take longer to finalize and cost more money, as attorneys for both sides will need to bill additional hours to negotiate contested issues.
To avoid delays, consider agreeing to mediation when it is recommended. Your attorney has your best interests at heart, so if they believe it’s time to meditate, it probably is. Setting realistic expectations will also help. Be willing to compromise, and focus on the well-being of your children, if you have them.
Let Gucciardo Family Law Help With Your Michigan Divorce
Divorce is never easy, but it doesn’t have to be a long and painful process. At Gucciardo Family Law, we have in-depth experience navigating the Michigan divorce process and can help yours proceed as efficiently as possible. Contact our seasoned team today if you and your spouse are considering divorce.
