How Soon Can I Get Divorced in Michigan?
“How soon can I get divorced in Michigan?” is one of the most common questions we hear from our clients.
We can only tell you the laws about divorce in Michigan. The first thing you should know is that, unlike eloping in Vegas, there is no such thing as a same day divorce. The second thing to know is that divorces are emotionally charged.
This causes people to frequently change their minds about the issues – and even the divorce itself – as they navigate one of the most difficult times of their lives.
For this reason, Michigan requires what’s known as a “cooling off period” before a divorce is granted.
This makes sense from a policy standpoint because:
1) our laws seek to protect the institution of marriage; and
2) we do not want the court to be a revolving door based on the whims of the parties (e.g., “If we change our minds, we’ll just ask the court to reverse it!”).
Michigan law requires a minimum of 60 days (2 months) from the filing of the complaint if you do NOT have minor children and a minimum of 180 days (6 months) from the filing of the complaint if you do have minor children.
Cases with minor children understandably take longer to resolve, as it takes time to set up new family dynamics that work in the best interests of the children and the family as a whole.
But you are setting yourself up for disappointment if you anticipate resolving your case quickly. Divorces come in all shapes and sizes and unfortunately one size does NOT fit all.
Divorces can and will be prolonged depending on the type of divorce, the complexity of the case, the court’s availability, and even the strategies employed by the attorneys on the case. Remember, the best way to move your case along is to hire an experienced Michigan Divorce attorney who understands your goals and knows how to advance them.
The Type of Divorce: Uncontested v. Contested
An uncontested or amicable divorce is when the parties are both willing and able to agree on how to resolve the major issues, which may include but are not limited to the division of marital property (real estate, retirement, etc.), custody, parenting time, child support, and spousal support.
These cases tend to resolve faster because the parties already have an idea of what they are looking for in terms of settlement, thereby reducing the need for court or attorney intervention.
Just because a divorce is friendly, however, does not mean you should do it without a lawyer. For example, you don’t want to finalize your divorce and then find out months or even years later that you made a crucial mistake!
Having a Bloomfield Family Law attorney ensures everything – from settlement negotiations to final orders – is done right the first time around, saving you time and money in the long run.
A contested divorce is when the parties are either unwilling or unable to agree on how to resolve the major issues.
These cases tend to resolve at a much slower pace because they require intervention from numerous third parties and experts including the Friend of the Court, Therapists/Counselors, Mediators, Parenting Coordinators, Guardian Ad Litems, Attorneys, and Judges.
These cases also take time to collect the appropriate evidence necessary for informed decision-making by all involved. For example, it could take several months to request, receive, and comb through financial records just to discover that even more is needed!
Knowledgeable family law attorneys are absolutely essential in contested divorce because they serve as your guide for successfully navigating the ever-expanding process. A skilled divorce lawyer can help you reach a more satisfactory resolution, whether that comes from settlement or from trial.
The Complexity of the Case
The complexity of the case is another key factor affecting the lifespan of a divorce. Even if you and your spouse think you agree on all the major issues, what does that actually look like when applied to real life?
For instance, let’s say you agree to divide everything 50/50. Does that include the house? The kids? The debt? The family business? Things don’t always divide equally just because you want them to.
Our family law attorneys engage in rigorous fact-finding at the onset of every case so that you can get ahead of the issues and reach a global resolution that much faster.
Your divorce will also get bogged down if someone engages in foul play. We often see this in highly contested cases when children are involved, and a parent uses their control or influence over the children to manipulate the divorce proceedings.
Such actions, if not put in check, are bound to run rampant and practically dominate every facet of the case. Our no-nonsense attorneys help shut down bad behavior by thoroughly documenting and reporting it in a way that compels the court (and the responsible party) to take notice.
The Court’s Availability
February 2020 is a date Michiganders will not soon forget, as it marked the beginning of the coronavirus (COVID-19) pandemic in Michigan and the infamous “Stay at home” orders that will forever define a generation.
With a literal halting of all face-to-face interactions, Michigan Courts were forced to temporarily close down until they could find a newer, safer way of conducting business as usual in the form of online filings and virtual hearings via Zoom.
The coronavirus pandemic is an illustration (although extreme) of the type of event that may delay divorce proceedings based on the Court’s availability. More common examples are when the court is backlogged with too many cases, they do not have enough staff to handle the caseload, and/or Judges have changed due to local elections.
Thankfully, Oakland and Macomb County Circuit Courts have proven flexible, resilient, and committed to serving their communities. We love practicing in Oakland and Macomb Counties because they have adapted to recent challenges in ways that have helped resolve cases efficiently.
