Should I start my divorce before the holidays? In Michigan, on holidays, people sometimes put off starting divorce proceedings, but following the holidays, there is a sudden surge of filings. When it comes to divorce, the earlier you begin the process, the faster your divorce can be finalized.
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For most individuals, divorce is a negative thing, particularly for children. Therefore, try to avoid including children in the process as much as possible. During the holidays, if you feel the need to do it, go ahead and do it. Additionally, you don’t want the divorce decision to be finalized around Christmas if the divorce proceedings begin in the middle of the year. Make the least possible impact on children by using your judgment in this.
Why Do People File Their Divorce After the Holidays?
There are anecdotal stories of divorce filings experiencing a surge right after holidays. Across the United States seem to support these stories. Online searches for terms like “child custody” and “divorce” are more common among the general public in the United States around the month of March than at any other time of the year, according to academics.
Even though the study is unable to definitively pinpoint which of our social behaviors is to blame for the rise in divorce rates, the researchers do provide a number of options. Family gatherings like vacations are frequently planned by couples in the middle of the year. These getaways may serve as a kind of litmus test for the health of a relationship for couples who have already been contemplating divorce. The “broken promises” theory of divorce, when couples become disheartened after a vacation does little to strengthen or perhaps worsen a relationship, is what the study refers to.
Another possibility is that a relationship that is already under stress may become even more strained during the holiday season. Holidays and other significant occasions can exacerbate relationship issues, so some couples choose to wait until the mid-year holiday break before taking any further action. The period between New Year’s, Valentine’s Day, and the Christmas holiday season is particularly suitable for exploring the prospect of ending a marriage.
Some more reasons why divorce filings tend to surge after the holidays can be a combination of one or two of the the following factors:
[ a ] fear of upsetting family members by divorcing during the holidays;
[ b ] a desire to make things work throughout the holidays and feelings of wellbeing;
[ c ] financial difficulties throughout the holidays that keep couples together – people may feel as though the new year offers them a chance for a fresh financial start;
[ d ] stress about the holiday and the lack of romance, or having to plan it between two partners in the event of an affair; and
[ e ] a wish to maintain order over the holidays for the benefit of the children.
No matter the season, choosing to divorce your marriage is not an easy decision. Even though you want to begin your divorce as soon as possible, you could be having trouble because of the impending holiday season.
Will It Really Matter When Divorce Is Filed? Before or After Holidays?
If you talk to your attorney now and ask what it takes to complete the divorce, you will come to realize the sooner you start, the sooner you can bring your divorce to its desired conclusion.
Here are some advantages and disadvantages of filing for divorce during the holiday season in case you’re having problems deciding when to do it.
Advantages of filing your divorce before the impending holiday:
[ a ] A much needed relief.
If you are unhappy with the state of your marriage and have tried to fix your marital problems without success, filing for divorce before the holidays may provide you with some much-needed relief. You can get through a divorce during the holidays by knowing that you are about to make a substantial life shift that will make you feel better.
[ b ] The prospect of an early fresh start.
In Michigan, a divorce must be pending for 60 days before it can be officially declared final. Starting the process now may result in an earlier fresh start. Additionally, you can be eligible for temporary orders pertaining to child and spousal support.
You need to consider the timeline of a typical divorce following a prescribed process. The divorce process has non-negotiable paces and timelines. You simply can’t go around them.
The disadvantages of starting the divorce process after the holidays:
[ a ] Disrupting planned holiday travel.
You could have already made travel arrangements for the holidays. Whether it’s a trip to Disney World or a beach getaway, filing for divorce now can require you to cancel your travel plans, and getting divorced before the holidays might cause you to miss out on some holiday time with your kids.
[ b ] Upsetting your children.
Children will be disturbed by the news of their parents’ divorce if there are any involved, and divorce during the holidays can make children’s sensitivity more acute.
There’s a lot to attend to even before you can start the actual divorce process.
You will need to wait at least six months before you can submit the divorce case if you don’t meet the requirements for residency.
Once you have met the requirements for residency, you must file a divorce complaint. You must wait for the answer or response.
If your spouse decides to take part in the divorce proceedings, they must promptly serve you with a copy of their Answer after submitting it to the court. If they were physically served with your summons and complaint, their deadline is 21 days after they get the divorce documents. If they were served by mail or outside of Michigan, they have 28 days to file and serve an answer. The waiting period will require you to put up with and endure it.
If you and your partner do not share custody of any children, there is a 60-day waiting period before your divorce can be legally finalized. The waiting period starts as soon as you file, even if you and your husband were already divorced when you did. Your divorce can take far longer than 60 days if you and your husband can’t come to an agreement on everything.
How Can I Do My Divorce Quickly?
In Michigan, there are two waiting periods. You must wait 60 days during the initial waiting period. Then, you have to hurdle the 180 day waiting period.
If there are no children involved, there is a sixty-day waiting period after the action is filed before the judgment can be rendered. The waiting time is unaffected by the date that the other party receives notice of the divorce.
Before filing for divorce in Michigan, there must be a sixty-day waiting period. If the judgment is issued in less than sixty days, the divorce is unquestionably null and void.
The second waiting period lasts for 180 days, or six months. Before finalizing a divorce and possibly making amends for the sake of the family, people were advised by public policy to ponder and make preparations.
Trial judges are not allowed to waive the 60-day statutory waiting period unless testimony needs to be preserved.
Some courts will, however, waive the final 60 days of the 180-day waiting period in divorce cases involving young children if the parties have reached an agreement, resolved all differences, and accelerating the divorce is in the children’s best interests.
The initial 60 days, however, cannot be waived in full or in part. If you and your husband have filed all necessary documentation and responses to the summons and there are no disagreements over child custody, parenting time, spousal support, child support, or property distribution, you have the full 60 days to spend.
The quickest way to finish your divorce is to serve the parties, have them accept service without objecting, have them accept service automatically, have them promptly file an answer so that there is no waiting period for a default, and have them draft and sign a consent judgment of divorce immediately following the 60th day following the complaint’s filing.
The quickest way to end a divorce process might not be to wait for the other side to default.
In a way, it may be better to use all these waiting periods to prepare the family and the children in particular for what is to come. Separation is inevitable. Find a way to make this separation as painful and less emotionally stressful as possible for the children. If you have agreed to work the divorce amicably and work a way to protect the children from the stress of separation, you may just survive your last or first holiday together happily in spite of the separation.
We wrote a related article about quick divorce, check out, “Divorce Faster & Easy In Michigan” for how quickly you can really do divorce.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.