When you are considering divorce, it may be that you do not anticipate having problems reaching an agreement with your former partner on the critical issues in the case. This could be for a host of reasons such as not having children, there being very few marital assets, or the marriage having been short-term. It may also be that the parties are committed to being collaborative with one another. In this situation, it may be appropriate to have an uncontested divorce.

The divorce process begins when one party files for divorce in a Michigan circuit court. Michigan law requires that in order to file, complainant or defendant have resided in Michigan for 180 days immediately preceding the filing of the divorce and that they or their spouse have been a resident of the filing county for ten days.

Michigan is a “no-fault” divorce state meaning that a party seeking a divorce does not have to show that the other party was to blame for the end of the marriage. The filing party is only required to plead and prove that the marriage has broken down to the point where the object of the marriage has been destroyed, and there remains no reasonable likelihood that it can be saved.

In a standard divorce, one party files and then has the other officially served. The receiving party has a certain number of days to respond or “Answer” and, if there are not children of the marriage, then the case can become final as soon as 60 days from the date the action was filed. If the couple had children, they must wait six months before the case can become finalized.

There are two different kinds of uncontested divorce: Default and Consent

A default uncontested divorce happens when one party files for divorce and the other does not officially respond in court. After a certain amount of time, the party who has not answered will have waived their right to respond to the case or be notified of any settings with the court. The filing party can then go to court and ask for a default judgment and request that their proposed divorce terms to be accepted.

A consent divorce is a divorce which is completed by the agreement of the parties and covers matters such as spousal support (alimony), time-sharing (custody), child support and division of the marital assets and debts. This type of divorce is ordinarily the product of negotiations between the parties.

When parties are amicable, and in agreement as to all significant issues, an uncontested divorce may make sense. One mistake people make when it comes to uncontested divorces is to assume that they can handle their case without counsel. There are several important issues which must be taken into consideration before concluding a divorce. Getting the advice of an attorney is vital. Otherwise, you could make mistakes which cause irreparable harm for many years to come.

Additionally, just because a case begins cooperatively does not mean that it will remain that way. A party will sometimes initiate divorce believing they are on the same page with their former partner only to find that they are in disagreement over important issues. At that point, the case which you thought was uncontested can become contested. Having counsel at your side will help ensure that you cover all the important issues in your case and are prepared for anything which may arise during the process.

Our office has knowledgeable and experienced family law attorneys who are prepared to advocate for you through every part of your divorce case. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact.