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How Long Does It Take To Get Divorced in Michigan

How Long Does It Take To Get Divorced in Michigan?

Going through a divorce is a challenging and emotionally draining process. One of the most common concerns people have when facing divorce is how long it will take to finalize the proceedings. In Michigan, the time it takes to get divorced can vary depending on several factors. In this article, we will explore the divorce process in Michigan and provide answers to frequently asked questions about divorce in the state.

The Divorce Process in Michigan

1. Filing the Divorce Complaint: The divorce process begins with filing a divorce complaint. Either spouse can file the complaint, and it must be filed in the county where either spouse resides. The complaint includes information about the marriage, reasons for divorce, and any requests for child custody, support, or property division.

2. Serving the Divorce Papers: After filing the complaint, the other spouse must be served with the divorce papers. This can be done through personal service, where a process server delivers the papers directly to the spouse, or by mail if the spouse signs an acknowledgment of receipt.

3. Waiting Period: Michigan has a mandatory waiting period before a divorce can be finalized. If there are no minor children involved, the waiting period is 60 days from the date of filing the complaint. However, if the couple has minor children, the waiting period is extended to 180 days.

4. Negotiating Settlements: During the waiting period, both spouses have the opportunity to negotiate and reach agreements on various issues, such as child custody, visitation, child support, spousal support, and property division. If the spouses can reach an agreement, they can submit a written settlement agreement to the court for approval.

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5. Court Proceedings: If the spouses cannot reach an agreement on all issues, the case will proceed to court. The court will schedule hearings to address unresolved matters and make decisions on behalf of the couple. This can prolong the divorce process significantly.

6. Finalizing the Divorce: Once all issues are resolved, either through agreement or court decision, the divorce can be finalized. The court will enter a judgment of divorce, which officially ends the marriage and addresses the agreed-upon terms.

FAQs about Divorce in Michigan

1. Can I get a divorce without going to court?
Yes, it is possible to get a divorce without going to court if both spouses can reach an agreement on all issues. This is often done through mediation or collaborative divorce. However, if there are unresolved issues, court proceedings may be necessary.

2. How long does it take to get a divorce if both spouses agree on everything?
If both spouses agree on all issues, the divorce can be finalized after the mandatory waiting period of either 60 or 180 days, depending on the presence of minor children.

3. What if my spouse refuses to sign the divorce papers?
If your spouse refuses to sign the divorce papers, you can still proceed with the divorce. In Michigan, a divorce can be granted even if one spouse objects. However, the process may take longer if your spouse contests the divorce.

4. Can I get a divorce faster if my spouse cheated on me?
Michigan is a “no-fault” divorce state, which means that neither spouse needs to prove fault or blame for the breakdown of the marriage. Cheating or infidelity generally does not affect the duration of the divorce process.

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5. How long does it take to get a divorce if we have minor children?
In Michigan, if you have minor children, the waiting period is extended to 180 days. However, this does not mean the divorce will be finalized exactly after 180 days. Additional time may be required to resolve custody, visitation, and support issues.

In conclusion, the time it takes to get divorced in Michigan can vary depending on various factors such as the presence of minor children, the ability to reach agreements, and court schedules. While the minimum waiting period is 60 days, it is important to be prepared for the possibility of a longer process if disputes arise. Seeking the guidance of an experienced divorce attorney can help navigate the complexities of the divorce process and ensure a smoother and more efficient resolution.

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