For a divorce involving minor children, the court is given six months to schedule events such that they cover all of the crucial divorce-related procedures. Although the court has the option to cut it short, no final paperwork may be signed until the 180-day period is passed. There are several issues that couples will need to discuss when going through a divorce with children, such as child support, parenting time, and custody. The majority of the processes will be finished in the same amount of time even if there isn’t a waiting period.
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There are two waiting periods in Michigan. The first waiting period is sixty days.
There is a sixty-day waiting time from the date the case is filed before the judgment can be entered if there are no children. (The waiting time is unaffected by the date the other party is served with notice of the divorce.)
In Michigan, a sixty-day waiting period is required before filing for divorce. The divorce is likely invalid if the judgment is entered in less than sixty days.
The second waiting period is six months or 180 days.
Why The Waiting Period In Michigan?
Just recently we published our article entitled, “Michigan Divorce Timeline” in our Legal Blog here. In that article we discussed why the state of Michigan imposes the waiting period for couples.
A moment for second chances.
An intense argument may be followed by a hasty and enraged divorce filing. Combative partners are given some time to cool off and determine if this is actually what they want during the waiting period.
Couples may start discussing their problems in a fresh way once a divorce case has been filed in court due to the impending reality of separation. The divorcing spouse can also decide that living alone is not what they had envisioned after leaving the home.
While waiting, the couple has time to think about a potential reconciliation.
Preparing for post-divorce parenting.
A new living circumstance calls for a different approach to visits, daycare, and educational systems. As they learn to co-parent in different homes, parents may decide making amends and giving their marriage another chance is preferable to ending it.
The court will decide who gets to have the child if the parents are unable to reach an agreement, thus there will need to be a trial where both parties will submit their evidence. Prior to trial, the judge may ask a custody investigator with specialized skills to assess each parent’s ability to care for the children.
Determining whether a custody agreement is in the “best interests of the child” as defined by the Child Custody Act may take months.
Navigating your financial maze.
Few people actually come out of divorce financially better than they would have if they had remained married. As one family becomes two households, the couple’s expenses nearly quadruple compared to when they were living together.
Due to the fact that married couples typically combine their finances, it may take some time to get all the necessary documentation, total everything up, and establish how to efficiently separate one spouse’s assets and debts from the other’s.
Just a few examples include checking accounts, investment accounts, insurance plans, bank loans, and credit cards. For tangible assets, such as real estate, vehicles, and other items, an appraisal is necessary. One or both partners must find new housing.
The parties in a high asset divorce might need to hire professionals to conduct asset discovery and valuation. There are retirement or pension plans to think about for those with a sizable amount of job experience.
A moment for mapping settlement.
Michigan courts normally schedule the initial divorce hearing for couples without children at least 60 days after the divorce complaint is filed.
Couples with few disagreements can frequently agree on the terms of their divorce before the first court hearing. The divorce can then be officially finalized at that first hearing after the required 60-day waiting period has passed.
The parties have at least had time to define their differences of opinion, estimate how much additional time will be needed to reach a resolution, and contemplate whether a mediator could be required if a settlement cannot be reached by the first court date.
The Six-Month Waiting Period Is Not Set In Stone
The six-month waiting period has exceptions. A court may waive the six-month waiting time under Michigan law, but not the sixty-day one. When it comes to “exceptional difficulty or such compelling necessity as shall appeal to the conscience of the court,” which would appear to indicate a very high threshold, the six-month waiting period can be extended (but never by less than sixty days). But in practice, the majority of judges will waive the six-month waiting period if there is a good cause and they are informed that the matter is a collaborative case.
Another thing to keep in mind is, even though there is a minimum waiting period of six months in litigation cases, it is uncommon for cases to be resolved quickly after that time period has passed.
These are extremely rare exceptions, but certain judges would lift the six-month waiting time in collaborative cases if there are strong enough justifications. Judges appear to be aware that beginning a collaborative process is virtually the same as filing a complaint.
The possibility of a judge forgoing the six months exists. The divorce may not be finalized for six months after the complaint is filed. People can be emotionally divorced when they sign contracts, so even if the legal dispute has not been addressed, tension normally decreases once the issues are handled.
Public policy encourages people to take some time to collect themselves and think things through before finalizing a divorce and potentially mending fences for the sake of the family.
The 60-day statutory period cannot be waived by trial courts unless testimony needs to be preserved.
However, if the parties have come to an agreement, settled all disputes, and expediting the divorce is in the best interests of the minor children, some courts are ready to waive the remaining 60 days of the 180-day waiting period for divorces involving minor children.
No portion of the initial 60 days, nevertheless, can be waived.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.