When a married couple decides that they no longer work, divorce may be the best or only option. Divorces can be complex and involve the division of assets and debts, alimony payments, child custody agreements, and more. While it can be an emotionally overwhelming process, understanding how and when your divorce will be finalized is important in navigating this challenging time. Working with a Farmington Hills divorce lawyer can help ensure that your rights are protected and you feel confident throughout the process. Speak with a skilled attorney today to obtain representation.
What is the Process for Divorce?
The divorce process can take a long time and involves several steps. Below are the general steps that must be followed to reach the end goal of a finalized divorce.
- File a petition: Either spouse can file for divorce, given that they meet the residency requirements of the state. In Michigan, the spouses must have lived together in the county for at least 6 months before filing.
- Response: Once the papers have been filed the other spouse will be served with the complaint and summons. They have 21 to 28 days to respond. If they disagree they may contest the grounds for divorce or dispute the terms of the divorce agreement.
- Negotiations: Both spouses’ lawyers will conduct discovery to gather information on the various assets and liabilities of the parties. Then negotiations can begin to create a divorce agreement that settles issues including property division, spousal support, child custody, child support, etc.
- Hearing: If an agreement cannot be reached the divorce may proceed to a trial where a judge will make a ruling on the aforementioned issues.
- Final judgment: Once all of the issues have been resolved the court will enter the final judgment document, officially terminating the marriage and detailing the terms of the divorce agreement.
How Long Does it Take to Get a Divorce Finalized in MI?
The true length of time it will take for a divorce to be finalized in Michigan will vary depending on several factors. How well the spouses communicate and cooperate, the complexity of the case, whether or not children are involved, and the number of backlogged cases in the court system will all impact how long it takes to get to the court’s final judgment.
In Michigan, there is a 60-day mandatory waiting period from the date that the petition is filed before the divorce can be finalized. The 60 days are designed to allow spouses the opportunity to obtain representation, begin negotiations, gather financial documents, or potentially change their minds and reconcile. For spouses who share children together, the waiting period is extended to 6 months.
Finalizing a divorce requires multiple steps and detailed legal procedures. It is important to familiarize yourself with the process to ensure that you are prepared for the lengthy and potentially emotional journey ahead. Speak with an attorney to discuss your divorce case today.