How Long Does Divorce Take in Michigan?
As any divorce attorney for women can attest, the most asked about part of a divorce is the timeline. So, how long does divorce take in Michigan? Neither spouse typically wants the process dragged out, especially when there are children involved. Therefore, to help put your mind at ease, it is necessary to talk about the fastest divorce process and its average timeline.
How Long Does an Uncontested Divorce Take?
When discussing divorce, there are typically two ways that they evolve: contested or uncontested. Contested divorces can be long and grueling because they require legal interference in the negotiations for marital assets. Uncontested divorces are typically faster because both parties are able to amicably agree on the distribution of assets as well as make other pertinent decisions on their own. However, the amicable nature of these divorces does not mean that either party is without a lawyer. Having an attorney is necessary to ensure that the process is negotiated and executed well. There are at least four things that should be ironed out for the divorce judgment.
- Division of marital property
- Child support
Beyond those four elements, the size of the marital estate might require the use of a financial expert to ensure that the division of assets is fair to both parties. Hiring financial experts can also help to ensure that neither spouse is hiding assets.
An uncontested divorce is a smart choice when both parties agree that separation is necessary. If either party is unsure, then it can lead to a messy and grueling divorce process.
The Divorce Process
In order to understand how long a divorce takes, it is necessary to know the steps involved. Even uncontested processes must adhere to specific procedural rules. For example, there must be one party requesting the marriage be dissolved. The individual making this request must file a summons with the court, which will be served on their spouse.
If your spouse files, then a divorce lawyer for women would likely tell you to accept the summons and sign the affidavit, especially if the divorce is uncontested. You will typically have 20 days to respond to the summons. If you would like to move the process along even quicker, then you can sign the papers in front of a notary public, indicating to the courts that you do not wish to contest the divorce proceedings.
Once everything is signed, the divorce papers are filed with the court clerk’s office. At this point, the divorce timeline is out of your hands. Essentially, for the divorce to be valid, a judge must review and sign the dissolution of marriage. Unfortunately, depending on the caseload for your specific county, this process can take some time-between six and 12 weeks.
The average timeline for most divorces in Michigan is about 60 days or two months. However, that estimation is dependent on a variety of factors. A more feasible estimate is between two and nine months. However, again, that depends on the size of the marital assets, whether children are involved, and whether the divorce is uncontested. When a divorce is contested, and children are involved, it is not unusual for a divorce to last up to a year or more. Although, most divorces tend to stick to the 60-day average.
Are you getting a divorce, or only considering it? Do you suspect the split to be amicable or contested? If you would like to discuss your specific circumstances, then it might be wise to contact a women’s family law firm. The attorneys working for the Law Firm of Victoria have over 100 years of collective experience and welcome your call and questions. You can contact one of their family law attorneys for a free consultation by calling (248) 723-1600.