What is the 180-Day Rule and How Does it Impact Your Divorce – Michigan Lawyers
How does the 180-day rule work? Does it impact your divorce in any way? There are several questions that are asked in every divorce. The issue of the residency requirement will always be raised. The judge will inquire about your name and your county of residence in Michigan. Before filing for divorce, you must have resided in Michigan for 180 days.
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This is a prerequisite for jurisdiction. The judge cannot continue if you reply “no” to this query. The judge is not permitted to render any binding decisions. If you have children, there is an additional 180-day waiting period for divorce. Parts of the 180-day waiting period is for divorce with children. The court can waive it at its discretion. The first 180 days of the residency requirement, however, cannot be waived. It is a matter of jurisdiction. You will need to wait if you are unable to comply.
Can divorce be quick and easy?
The only aspect of divorce that everyone swiftly and firmly agrees on is that the marriage must end. Everything that comes after the decisiveness is disputed. The divorce procedure has a few non-negotiable phases. You can do such milestones slowly. You can do it quickly but you cannot avoid them. You must wait at least six months before submitting the divorce case. You have to meet these requirements for residency. Once you’ve met the residency requirements, you need to file a divorce complaint. You must wait for the other party’s answer or response to the divorce complaint.
Your spouse can decide to take part in the divorce proceedings. After filing their answer with the court, your spouse must promptly serve you with a copy of the document. You can physically serve your summons and complaint on your spouse. After receiving the divorce papers, they have 21 days to meet their deadline. Whether they were served in person, by mail, or somewhere in the world, they have 28 days to file and serve an answer. You will have to put up with and suffer the waiting period.
Do you want the divorce to be quick? List the subjects you need to discuss. On your list, group the items you can agree on. List the subjects you can acknowledge you don’t know enough about. Topics you don’t know enough to be able to agree on. List topics that you know enough not to agree on. Bring this list to your lawyer. Let them assist in identifying your points of agreement.
The quickest way is to serve the parties. Have the parties accept the service without objecting. So that there is no waiting period before a default, ask them to file an answer as soon as possible. Have the party draft and sign a consent judgment of divorce. Have the party sign the papers right after the 60th day after the complaint was filed. A divorce dispute may not be quickly resolved by waiting for the other side to default.
What are the timelines in the divorce process?
Which timeframes are essential for divorce? Children may be a factor in divorce. A six-month timeline is considered by the court. Divorce can have an impact on the children, the court wants you to consider a few factors. Of course, the court has the right to alter this schedule. Without having children, you can get divorced. The court may be more preoccupied with other issues. Your divorce case must be resolved within 60 days. But, the court will follow deadlines. Even if you’ve already sold some of your assets, the court will stick to the timeline. There are additional deadlines, such as the 90-day service requirement for summonses. This implies that the summons must be served by a certain date. A divorce case cannot move forward without a legitimate summons. If the previously issued summons expires, the court must issue a new set of summons. The different divorce-related actions are carried out under these dates.
The 60-day timeline.
A divorce case can have no children involved. Michigan law stipulates a 60-day waiting period. If the judgment is rendered in fewer than sixty days, the divorce is void. The sixty-day waiting period cannot be waived under Michigan law. The six-month waiting period can. There can be circumstances of “severe hardship. There could be such a compelling necessity as will appeal to the court’s conscience. It is possible to prolong the six-month waiting period, but never lower than sixty days.
After the complaint is filed, the opposing party has some time to respond. The summons and complaint have both been submitted and served. The defendant has 21 days to submit a response (or 28 days if served by mail or outside the state). Each accusation made in the complaint must be either admitted or refuted by the defendant.
Once the required response has been given, the issue becomes contested. An order of default may be issued in the event that the defendant doesn’t respond. The case then evolves into an uncontested divorce. In case of default, the defendant may choose to hire counsel. Until the case is over, the defendant may ask the court to get involved. Before the initial court appearance, temporary orders may also be issued. The initial steps of the process can take up the entire 60-day waiting period.
The Timeline of 180 days.
There is a six-month or 180-day waiting period if there are children involved in the divorce. There is a lot of pressure on the Michigan court system to come up with speedy decisions in divorce cases. There’s pressure to render decisions within a year of the filing date. Following the filing of the complaint, this is the “typical” waiting period. In six months, the court case involving a divorce with children will be officially filed. Most child custody disputes can go on for a lot longer than six months. Some divorce cases are resolved in less than a year. The six-month waiting period has exclusions.
A judge can waive the six-month waiting period by discretion but not the sixty-day one. There can be instances of “unusual hardship. There may be a compelling need that will move the court’s conscience. It is possible to prolong the six-month waiting period, but never lower than sixty days. If there is a good reason, most judges will really waive the six-month waiting period. The case is a collaborative divorce, the court has been informed. Trial-free divorce is possible through collaborative law. It is a different approach from protracted legal disputes. Different from what characterizes divorce litigation. Both parties to a collaborative divorce agree to call their marriage to an end. They consent to end it outside of court by working with certified specialists.
In the course of the collaborative law process, both you and your spouse would show up in court. You can ask the judge to ratify the agreement you two came up with. This can protect your privacy. It avoids the inconvenience, cost, and unpredictability of a divorce battle.
How does the 180-day rule impact divorce?
In Michigan, a divorce with a minor child under the age of 18 cannot be finalized. It cannot happen until 180 days have passed since the day the bill of complaint was filed. (MCL 552.9f.) For divorces without minor children, there is a 60-day waiting period. Divorces with small children must wait six months before proceeding. How do 180 days impact a divorce? A couple can take 180 days and use it for many things while anticipating a divorce.
A window for second chances.
An emotionally charged argument can trigger a divorce petition. A divorce is quickly and irrationally filed. Combative partners are given some time to collect themselves during the waiting period. It gives couples time to reflect on whether divorce is what they desire. A divorce case is submitted to the court. When a divorce is imminent, spouses may start talking about their issues. Discuss old issues in a new way. Another possibility is that the divorce-seeking spouse will leave the home. Being and living alone is not what they had envisioned. The waiting period gives the couple time to think about a potential reconciliation.
Preparing for parenting after divorce.
Ex-spouses are facing a new living circumstances. The situation asks for a different way to visit, daycare, and education. Ex-spouses learn to co-parent in different homes. Parents can decide that making amends can be an option. Giving marriage a chance is highly preferable to end it. The court will decide who gets to keep the child if the parents are unable to reach an agreement. A trial is set where both parties will submit their evidence. The judge can ask for a custody investigator. This investigator with skills to assess the parent’s ability to care for the children.
Getting through your financial maze.
Few divorces actually fare better financially than they would have. This is in contrast if they had remained married. One family turns into two households. The couple’s expenses nearly triple from when they were cohabitating. Married couples typically combine their finances. It cant take some time and effort to gather all the necessary documentation. Total everything. Establish how to efficiently separate one person’s debts and assets from one another.
Parties in a high-asset divorce might need to hire specialized professionals. They need skills to conduct asset discovery and valuation. There will be retirement or pension to think about. Especially for people with a sizable amount of job experience. Either party can have retirement benefits. It can come in the form of a traditionally classified pension plan like 401K. It can be other types of retirement plans. Federal law requires a separate document. The Qualified Domestic Relations Order (QDRO). It is also known as are Eligible Domestic Relations Order (EDRO). You get this document when there is a government pension.
Time to lay out the settlement.
Initial divorce hearings are normally set by Michigan courts. Court hearings are scheduled at least 60 days after the divorce complaint is filed. It is filed in divorce cases without children. Couples with fewer conflicts can typically reach an understanding. They can agree on the terms of their divorce before the initial court hearing. At that initial hearing, the divorce can then be finalized after the minimum 60 days have passed. Before the first court appearance, a settlement may not be reached. The parties can take their time to sort out their differences. They calculate how much more time will be required to reach a settlement. The parties can assess whether a mediator may be necessary.
Making hasty judgments in the last stages of a divorce is not advised. Not without legal counsel. It is a serious subject with a life-long impact. You will have to live with the outcomes of your divorce no matter what, so you only get one chance to make it right. The stakes are just too great to not have an experienced attorney on your side. Couples may desire to finalize a divorce as soon as possible. Michigan’s mandatory waiting period has various benefits during such a turbulent time.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.