The simplest, quickest and least stressful way to dissolve a marriage is through an uncontested divorce.
While some Michigan couples believe this process can be handled without legal representation, it is better to work with a skilled, knowledgeable divorce attorney who can ensure your rights and interests are protected at every step along the way. Even where the parties agree on the terms of a divorce TODAY it is imperative that the division of assets, liabilities, retirement accounts, real estate, custody, support and parenting time are all analyzed with consideration for the present and future needs of the client and children. Overlooking any of these issues or failing to properly understand the final judgment language can lead to future legal fees far in excess of the cost to properly handle the divorce.
At the Bloomfield Hills firm of Paul J. Tafelski, P.C., we have more than a decade of experience in representing clients in uncontested divorces throughout the state of Michigan, including Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham.
Call (248) 451-2200 today or contact us online for legal advice in family law matters.
We believe any divorce should result in an outcome that resolves your present-day concerns and addresses the issues that could arise in the future. Ultimately, our clients are in a position to move forward with the next chapter in their lives.
Filing for a Michigan Divorce
Whether it’s contested or uncontested, a party does not need to show fault to obtain a Michigan divorce. Instead, you need to only show 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. For the most part, it only takes one party to want a divorce.
A person must be a resident of Michigan for at least 180 days before the date of filing for the divorce. You or your spouse must also reside in the county where the divorce is filed for at least 10 days.
In certain situations, such as when one of the spouses is a citizen of another country and the parties have minor children, the 10-day requirement can be waived.
The divorce process is initiated by filing a complaint in the county Circuit Court and serving the complaint and a civil summons on the other spouse.
A divorce can be finalized as quickly as 60 days from the time of filing. However, if the marriage involves minor children, at least six months must pass before the divorce is final.
While the divorce action is pending, a spouse may be able to file for temporary spousal support as well as equitable distribution of marital property, child custody, child support and child visitation rights.
Michigan Uncontested Divorces
There are two types of uncontested divorces: Default divorces and consent divorces.
A default divorce occurs when the other spouse fails to file an answer to the divorce complaint. If that happens, the spouse waives his or her right to file responsive pleadings unless the court sets aside the default order, and the filing spouse is relieved of the need to reach a settlement. After a default is entered, the filing spouse can then file a motion asking the judge to enter a default judgment under the terms they desire. It is important to contact our office as soon as you are served with papers.
Also, if the other spouse is a member of the military, the spouse may be able to postpone the divorce action through the protections provided by the Service members Civil Relief Act.
A consent divorce occurs when the parties agree to the terms of the divorce and reach a settlement agreement that resolves issues such as spousal support, child custody, child support and division of the marital assets and debts.
A consent divorce is often the result of settlement negotiations. These negotiations can be informal or handled through the more formal process of mediation.
In mediation, a neutral facilitator helps each party arrive at a mutual agreement. After the agreement is reached in mediation, all that is needed is a court’s final approval.
At Paul J. Tafelski, P.C., we strive to reach consent divorces that satisfy our clients’ interests. However, if negotiations or mediation reach an impasse, we will be prepared to fight for our clients in the courtroom.
Contact Us Today
If you are interested in learning more about uncontested divorces, contact our divorce lawyers online today for an initial consultation about your case. We have helped divorce clients in Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham.