Many married couples find the concept of an uncontested divorce appealing. If Michigan had a set process for uncontested divorce, it would have been simpler. They get the impression that the court will be less involved in the divorce procedure. Uncontested divorce conjures up images of lawyers playing a smaller part in the proceedings. You get the impression that the cost of your divorce case will be lowered.
Click here to watch the video on 5 Steps To Uncontested Divorce In Michigan
Uncontested divorce refers to a situation where one party proposes a course of action and the other party does not object. It is no longer an uncontested divorce the moment one of the parties takes action or disagrees with one of the suggested agreements. Do you really have an uncontested divorce?
In Michigan, there are typically two divorce options: contested and uncontested. When a couple cannot come to an agreement on all or some of the matters pertaining to ending their marriage, a divorce is contested. The couples will eventually need to go to trial to have a court resolve their issues for them.
With an uncontested divorce, however, all disagreements between you and your spouse have been settled without the need for a trial. And if you can come to that agreement prior to filing for divorce, or at least early in the process, an uncontested divorce will be significantly less expensive and quicker than a traditional, contested divorce. That’s because you can avoid drawn-out, pricey courtroom disputes over every difference of opinion.
Are You Qualified for an Uncontested Divorce?
In Michigan, there are two essential requirements for receiving an uncontested divorce: a thorough agreement on the issues and residency in the state.
You and your spouse must concur on all relevant matters in order to be eligible for an uncontested divorce, including the following:
- [a] the distribution of your assets and debts, including each spouse’s claim to retirement benefits and life insurance funds
- [b] whether one spouse will provide spousal support (also known as alimony in Michigan), and if so, how much and for how long; and
- [c] all issues pertaining to any young children you may have, such as coverage for health and dental insurance, visitation rights, child support, and child custody.
Mediation may be able to assist you in overcoming disagreements if you’re having problems settling these issues or any other issues you want to discuss throughout your divorce. The majority of mediators will draft a paper that details any agreements you make throughout the procedure. This paper may serve as the framework for a written marriage settlement agreement.
In order to get a divorce in Michigan, you must also satisfy the state’s residency requirement. Either you or your spouse must have lived in the state and in the county where you petition for divorce for at least 180 days immediately prior to filing the divorce papers.
However, there is an extra criterion that must be met if your spouse is out-of-state. You must have either lived in Michigan as a married pair for at least a year prior to the filing date, or you must have been a resident of the state for at least a year prior to the filing date.
How to Prepare for an Uncontested Divorce?
To conclude talks for child support, alimony, custody, parenting plans, asset and debt distribution, and other related issues, you might require specific supporting documentation. These discussions should go more smoothly when you get into the details if you are more thorough in advance.
If indeed you want your divorce concluded amicably and with less cost, the process of uncontested divorce is the way to go. This choice however entails a certain degree of trust and transparency from both parties.
You will need to agree to declare truthfully a lot of things that will eventually end up in forms that will be completed under oath.
It is best to have at hand documents and information that will facilitate the process for claiming child support, spousal support, and property division. It is expedient to already talk about the arrangements for child custody and parenting time. Check the parenting time guideline available from the Friend of the Court. This will be a good place to start working on the most ideal parenting time schedule.
Draw a list of “talking points”. Start with the things you can already agree on so the preliminary discussions will be brief. For those things you don’t agree on, set another time and meeting for that so you can prepare a better proposal for how to go about them. Do the negotiating with your attorney. Remember that these are just preliminaries. It is better to talk about these things before going in front of the judge.
Once you have put together documents and information you need for the divorce and have come to an agreement on the most important areas of your divorce then you are ready to take the steps to start the divorce process.
What Are the 5 Steps to Uncontested Divorce?
All parties engaged in a divorce suffer emotionally during the difficult process of divorce. However, it is preferable to end your marriage amicably through an uncontested divorce whenever it is possible. We have summarized the process into five steps.
Step 1: Complete the paperwork, payment of filing fees, and notification of your spouse.
Your situation will determine which forms you must file with the court. You might need to provide supporting papers with your petition if you have children, demand alimony, or are dividing assets like a home or retirement funds. You must at the very least submit a summons and a complaint.
One spouse must file the complaint and all other documents after choosing the appropriate Michigan circuit court. What particular forms you’ll require will be determined by the court.
There are several methods for obtaining the forms:
The majority of the paperwork is available on the Michigan Courts’ Forms page for download.
The court clerk in the county where you will be filing the documents should be able to provide you with paper copies of the forms.
Some individuals opt to seek assistance from an online provider. In order to speed up the procedure on your behalf, these professionals will make sure your forms are filled out correctly.
The essential documents you’ll require to file for an uncontested divorce are:
- [a] Form CCFD 25 – Petition – Consent Judgment
- [b] Form MC 282a – Domestic Violence Screening
- [c] Form FOC 100 – Domestic Relations Judgment Information
- [d] If you have minor children or are asking for spousal assistance as part of your divorce decree, you must submit a Verified Statement (form FOC 23), and
- [e] Your proposed Consent Judgment, which should adhere to all divorce-related legal requirements and incorporate the terms of your settlement agreement.
You must deliver the Domestic Relations Judgment Information and Verified Statement to the “Friend of the Court,” a Michigan state agency. You should receive instructions on how to accomplish this from the court clerk.
When you file for divorce, you also need to pay a filing fee. This set of fees will vary according to county. You will also need to pay a nominal charge to serve your spouse with a copy of the documents. In some circumstances, if you meet the requirements, you might be able to avoid paying these costs.
A copy of the documents must be given to your spouse formally. You can’t just tell your spouse, who is now the defendant, this information. To deliver the paperwork, you must employ a third party. A process server or sheriff’s deputy is typically used for this.
Of course the process will not be complete if your spouse does not respond or return the signed paperwork.
Within 21 days (28 days if served by mail), a spouse has the right to respond to the complaint, outlining the specifics of their disagreement. There is no need for a response if a spouse has agreed to the entirety of a complaint or has signed a waiver.
If a documented settlement is in place and the divorce is uncontested, both spouses may also file the necessary documents jointly.
In certain situations, a court may approve the divorce or, in the event that no response is received, the judge may enter a default judgment against the spouse, granting the other all of the requests made in the initial complaint.
Step 2: Complete the financial disclosure form.
You must fully disclose your financial position to the Michigan courts. This disclosure should contain details on your earnings, spending, possessions, and debts. The Domestic Relations Verified Financial Information Form, which must be signed under penalty of perjury, must be completed by both you and your spouse.
The Domestic Relations Verified Financial Information Form will gather data or information about both spouses employment, properties owned, vehicles, sources of income, list of financial accounts such as but not limited to bank, CDs, credit union, stocks, IRAs, annuities, 401(k), trust, 403(b), Michigan Education Savings Program (MESP), and health savings accounts if any in which the spouses have interest.
In this form, spouses will have to declare any court ordered financial obligations and other miscellaneous matters.
The exchange of financial information in divorces has recently been streamlined and made simpler by the Michigan Supreme Court’s revision of three Michigan Court Rules. Divorcing partners now automatically disclose all of their financial information under oath, including their employment, income, assets, and debts, starting on January 1, 2020. Additionally, there are restrictions on the kind of discovery you may use, and improper or excessive use of discovery may be the foundation for a demand for legal expenses.
Step 3: Negotiate with your spouse.
Making the difficult decisions pertaining to the divorce up front is essential to achieving an uncontested divorce. Discuss your options with your partner and discuss how you will manage every aspect of your breakup. To demonstrate to the court that your divorce will be amicable, start preparing an agreement.
When a divorced couple is cordial, they are able to discuss and come to an understanding over the specifics of the settlement. The least expensive option to come to an agreement is through personal dialogue between the spouses because little to no involvement of attorneys is required. Personal negotiations may be combined with legal negotiations when a couple becomes stuck and turns the matter up to their respective attorneys, who then engage in back-and-forth negotiations with each other in an effort to reach a resolution.
Cost is a clear benefit of direct negotiating. The more each spouse takes care of themselves, the less work the lawyers have to perform. Even when a lawyer negotiates all the important problems in a divorce, divorcing spouses who are reluctant to negotiate with an estranged partner sometimes forget that they will still need to talk about the minor details regardless.
Step 4: Go through the mandatory waiting period.
The waiting time in Michigan is 60 days if there are no children involved in the divorce.
The divorce is undoubtedly void if the judgment is rendered within sixty days or less. A court may waive the six-month waiting time under Michigan law, but not the sixty-day one. When “severe hardship” or “such compelling necessity” appeals to the court’s conscience, the six-month waiting time may be extended, but never to less than sixty days.
If there are young children involved, there is often a six-month waiting period. There is a lot of pressure on the Michigan court system to render decisions in divorce cases within a year of the filing date. For a divorce involving children, the “normal” waiting period after the complaint is filed, or when the lawsuit officially begins, is six months. Although they can take less than a year to complete, child custody proceedings often go longer than six months.
The state has made it a priority to defend the family unit and the institution of marriage as much as possible, ultimately acting in the best interests of the children; hence, the waiting period. It provides both parties a “cooling off period” to reflect and to reconsider the decision to divorce.
Step 5: Attend the hearing.
There will be a scheduled final hearing. The judge will next review your agreement, make sure the divorce’s conditions are reasonable, and sign a divorce judgment. In the event of a default, if you as the defendant agree to all the provisions, you can sign the judgment and the judge will enter it by agreement, removing the need for you to be at the hearing.
Even though divorce marks the end of a marriage, sometimes partners can come to an amicable separation through an uncontested divorce. In order for this to occur, there needs to be some degree of mutual trust and cooperation between the parties. Uncontested divorce is popular because it gives the parties a simple, affordable, and speedy way to end their marriage in Michigan.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.