Uncontested and no-fault divorces are the quickest and easiest to obtain but every couple and situation is unique. How long it takes for an uncontested divorce to be resolved depends on a variety of factors. Speak to a Farmington Hills divorce lawyer to obtain representation during your case and for legal advice during your divorce.

What Issues Are Relevant in a Divorce?

When a couple decides to get divorced various issues must be discussed, but in general, there are five major topics. Without agreeing on the following topics a divorce cannot be finalized.

  • Division of assets
  • Division of debts
  • Alimony
  • Child custody
  • Child support

Child custody and support are only relevant if the couple shares minor children. In order to finalize a divorce the above topics must be agreed upon by both parties.

Uncontested vs Contested Divorce

When one spouse files for divorce the papers are served to the other spouse. These documents include the official complaint for divorce as well as an outline of a proposed divorce agreement detailing the major issues like which spouse will pay alimony and how much, who will maintain ownership of a car or vacation home, etc.

In an uncontested divorce, the spouse who is served the papers agrees with all of the information within the document. They accept the terms of divorce and do not feel the need to fight their spouse on any of their wishes. The next step would be to attend a court date to receive a final divorce decree from a judge.

However, spouses often disagree on these topics. If a spouse is served with divorce papers and has an issue with one or more of the stipulations, they can refuse the terms. They will then be in a contested divorce. Contested divorces require a new gathering of information, negotiations, mediation sessions, and even litigation. Spouses can meet in mediation sessions to discuss the issues and work towards a resolution. However, depending on the relationship between the two or the issues at hand, this may not be successful. In this case, a court date will be set and a judge will rule on all unresolved issues.

How Long Will It Take to Resolve My Uncontested Divorce?

The length of time it takes to resolve an uncontested divorce varies depending on several factors.

After serving the other spouse with papers they will have 21 days to respond, or 28 days if the papers were served via mail. How long it takes them to respond will contribute to the amount of time it takes to resolve the divorce.

Additionally, Michigan law requires mandatory waiting periods between filing for divorce and finalizing it. For couples with no children, the waiting period is 2 months. Couples who share minor children must wait 6 months.

Finally, couples must schedule a final hearing date with the court. If there is a backlog of cases this could take several weeks or months.

In general, uncontested divorces in Michigan take anywhere from 2 to 6 months to resolve. Work with an attorney during your case for skilled representation and professional advice.