The most Frequently Asked Questions about an uncontested divorce in Michigan are listed below. An uncontested divorce is simpler and less expensive than a contested divorce. An uncontested divorce is still a major life event that should be taken seriously. The terms of an uncontested divorce are legally binding on you and your spouse.
What Are the Residency Requirements for an Uncontested Divorce?
You must be a resident of the State of Michigan for 180 days (six months) and the county for 10 days prior to filing for divorce. If you do not meet the residency requirements, the case will be dismissed.
How Long Does It Take to Get an Uncontested Divorce?
The is a minimum waiting period for a divorce of 60 days from the time you file your divorce to the date when your divorce can be finalized. If you have minor children, the waiting period increase from 60 day to 6 months. The court has the ability to shorten the 6 month waiting period if there are unusual circumstances.
What is the Uncontested Divorce Process?
The uncontested divorce starts the same as a contested case. A divorce complain tis filed with the court that opens your file. Typically, the parties agree to a temporary order. The temporary order directs the rights and obligations of the parties during the divorce before a judgment enters. They can last a minimum of 6 days up to a year. After your waiting period has expired, a final judgment is prepared which provides for your final rights and obligations. Also, a child support order is done that states child support if you have minor children. The judgment is entered at a final hearing called a ProCon Hearing.
How is Property and Debts Divided with a Divorce?
Property and Debts that are acquired during the marriage are divided equally. With that rule, there is an exception. Michigan allows for an unequal division of assets and debts if there is fault in the breakdown of the marriage. Additionally, premarital or separate property is not included in the division of assets and debts.
What is the Cost of an Uncontested Divorce?
The cost of an uncontested divorce depends on the amount of assets an debts and the complexity. For example, a no asset divorce requires a reduced amount of document preparation. In contrast, if the uncontested divorce involves millions of dollars, the documents will be complex and extensive. That will cause the cost of the divorce to increase.
How is Child Support Determined with a Divorce?
Child Support is calculated the same in a contested or uncontested divorce. The child support Michigan Child Support Guidelines determine the amount of child support to be paid. It considers the number of overnights and the parties income as primary factors. The parties to a divorce can agree on a different amount and deviate from the child support guidelines.
How is Child Custody Determined with an Uncontested Divorce?
Typically the parties agree to legal and physical custody in an uncontested divorce. Alternatively, if one person does not participate, then the moving party can set custody as they want it. There is legal custody an physical custody. Legal custody determines decision making authority for major life decisions. It is typical that the parties have join legal custody. Physical custody is the primary residence of the children.
How is Parenting Time Determined with an Uncontested Divorce?
The parties can agree to a parenting time schedule. The court typically agrees to what the parties want. The court, like custody, must make a finding that it is in the best interest of the children. parenting time can be any schedule you want. One extreme is a 50/50 schedule which is joint physical custody. At the other end of the spectrum is supervised parenting time for a few hours a week.
Can I Represent Myself in an Uncontested Divorce?
You always have the ability to represent yourself in any legal proceeding including a divorce. What you need to consider is your ability to complete a divorce correctly and how much time that you have to devote to our divorce. Like anything else, people hire professional to do work for them because they don’t know what they are doing or are not capable of doing something correctly. For the cost, it is worthwhile to hire a professional.
How is Retirement Benefits Divided With an Uncontested Divorce?
Retirement benefits acquired during the marriage are marital assets to be divided. Retirement that accrued prior to marriage is considered separate property and is not divided in a divorce.
How is Spousal Support Determined with an Uncontested Divorce?
Spousal Support is typical decides by a judge if the parties cannot agree. If the parties can agree, you can do what you want. There is spousal support in gross. A fix amount per month for an exact period of time or indefinite spousal support that ends upon death, remarriage, or cohabitation. Alimony is complex area of divorce law. The help of a profession is recommended.
Can I Get an Uncontested Annulment?
Yes, you can get an uncontested annulment. An annulment still requires that you prove a basis for the annulment. The basis can be stipulated by the parties. The court needs to make a finding for an annulment.
Who Prepares all the Documents With an Uncontested Divorce?
Divorce documents are prepared by the Plaintiff. The court will not prepare them for you. There are some forms floating around on the internet, but the documents are always changing. If you use an attorney, they will prepare all the documents for you.
What if We Do Not Agree on the Terms of an Uncontested Divorce?
If there is disagreement, an experience divorce attorney can tell you what a judge would typically do and negotiate a solution. Alternatively, the parties can mediate their remaining disputes. If mediation fails, then you have a contested case where a judge makes the decision.
Can We Agree on a Change in Domicile with an Uncontested Divorce?
Yes, you can agree on a change in domicile in a final divorce judgment. the Court is required to make a finding on the record that it is in the best interest of the child. You can also agree on restricting the ability to move in a divorce judgment.
How Are Social Security Benefits Divided with a Divorce?
Social Security Benefits are not considered an asset in a divorce. Social Security has their own rules about benefits for former spouses. Typically, you are entitled to your benefits or 50% of your spouse’s benefit, which ever is greater. Additionally, it doesn’t reduce the other person’s benefits.
Do I have to Go to Court for an Uncontested Divorce in Michigan?
Yes, you have to go to court to finalize your divorce and state that our divorce complaint is true.. The court will accommodate people and do it by phone if there is a reason for not appearing.
Do I Have to Be Separated to Get an Divorce in Michigan?
Some states have separation requirements. You do not need to be separated to get a divorce in Michigan. Michigan is a no fault state and only requires that there has been a breakdown in your marriage.
How Can I Make Changes to My Uncontested Divorce Judgement After it is Final?
Making changes to your divorce judgment is very difficult. Mistakes can be costly to try and fix. Judges are hesitate to change or correct errors in a stipulated judgment. Telling a judge ” I did not know what I was doing, I’m not a lawyer” doesn’t allow a judge to make changes that are not agreed.
Do I Need a Lawyer for an Uncontested Divorce?
Just like any other legal proceeding, you can always represent yourself. This is not advisable for two reasons. The cost of an uncontested divorce with a lawyer is inexpensive considering it is a life changing event. Second, a lawyer can make sure the divorce is done correct, can answer your questions, and set your court dates. Bottom line, a divorce lawyer is worth it.
KRUPP LAW OFFICES PC
161 Ottawa NW Suite 404
Grand Rapids MI 49503
Other Divorce Topics:
- Uncontested Divorce Process
- Divorce Waiting Period for Uncontested Divorce
- Divorce Property Settlement.
- Health Insurance Coverage During and After A Divorce
- Splitting Retirement Benefits And Social Security During A Divorce
- Child Custody and Parenting Time
- Child Support In Michigan
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