Is an Appearance in Court Required for an Uncontested Military Divorce – Michigan Lawyers
Is a live court appearance necessary for a party to an uncontested divorce? One of the parties is a military service member. As a result of the other party’s divorce filing, you were sent divorce papers. The filing was done in the hope of getting an uncontested divorce. Is an appearance in court required for an uncontested military divorce?
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You don’t have to show up in court, whether you’re in the military or not. In an uncontested divorce, all issues have been resolved. The respondent doesn’t need to be concerned about showing up. Making sure you reviewed the divorce agreement is the best course of action. You and your attorney went over it, and you found no issues. You have the right to contest the agreement’s terms. The agreement will be completed. The court will ask the plaintiff for proof during the hearing. Evidence that they have complied with the divorce rules. Evidence that it was properly submitted in the required county and timeframe. Evidence that there are no children in the marriage. If the military person filed for divorce, the question becomes pertinent.
Does the military party need to be present for the divorce to be finalized in court? The court will continue to request statutory evidence. It expects to get responses for the record. There is always Zoom or another electronic option for the courts.
What is an uncontested divorce?
It is an uncontested divorce when neither spouse objects to the divorce. It is uncontested if there is no disagreement over alimony, child support, and child custody. It is uncontested when both spouses agree to the property division. They agree and it usually ends up as a divorce decree. The minimum period of six months still applies if there are children involved. There will be at least one hearing to address the issue of marital dissolution. A family court can disregard or reject a divorce-related agreement between spouses. This is more so if the divorce involves child support or custody. The court will reject the agreement if it determines it is not in the best interests of the child.
Armed forces personnel follow the same divorce lifecycle as civilians. A military divorce follows the same procedure. The other parties must reply after the other parties have been issued with summonses and a complaint. There are differences. So how does a divorce in the military work? In military divorces, residency is handled differently. A military partner may file for divorce in a county designated as their residency. They can do so even while they are in another country. Each military person must declare their place of residence. A divorce can be started in a Michigan county that has been chosen as the home of the parties. This is true even if the military spouse has lived abroad in the past. When dividing assets in a military divorce, pensions and other benefits are negotiated. When determining child support, housing benefits are taken into consideration. In a civilian divorce, these topics are not typically discussed.
What is the process for an uncontested military divorce?
During the tough divorce process, the parties involved suffer emotionally. It is best to exit your marriage amicably through an uncontested divorce. The process for an uncontested divorce is in five steps:
Step 1: Finish the paperwork, pay the filing fees, and let your spouse know.
In Michigan, a divorce case starts when one spouse files a divorce complaint with the court. Deliveries are made to the other spouse with a request and a copy of the divorce complaint. If one of the partners is in the military, it could be challenging to serve court documents. A service member’s spouse has two choices as well. The spouse of a military service member could:
[ a ] Sign a waiver recognizing the divorce in place of having a summons and complaint served, or
[ b ] Postpone the divorce procedure for up to 60 days. One spouse is a military member who is currently on active duty.
Step 2: Finish the financial disclosure form.
The Michigan courts must get a comprehensive disclosure of your financial situation. You should include information about your income, expenses, possessions, and debts in your report. You and your spouse must both fill out the Domestic Relations Verified Financial Information Form. On pain of perjury, it must be signed.
Step 3: Negotiate. Work on a compromise with your spouse.
Achieving an uncontested divorce requires making the difficult choices related to it upfront. With your spouse, go over your alternatives and decide how you will handle every facet of your split. Start putting out an agreement now to show the court that your divorce will be amicable. An amicably divorced couple is better equipped to discuss and agree upon the contents of the settlement. Because there is little to no need for attorneys to be involved, having a personal discussion between spouses is the least expensive way to reach an agreement. When a couple is unable to reach an agreement and takes the issue to their respective attorneys, who then negotiate back and forth with one another to find a solution, personal and legal negotiations may be merged.
Step 4: Complete the required waiting period.
With no children involved in the divorce, Michigan requires a 60-day waiting period. If the decision is issued in sixty days or fewer, the divorce is void. The sixty-day waiting period simply cannot be waived under Michigan law. The six-month waiting period can. The six-month waiting period can be extended in some circumstances. The extension is never less than sixty days. These are in cases such as where “severe hardship” or “such compelling necessity” appeals to the court’s conscience.
The Michigan court system is under a lot of pressure to rule on divorce cases within a year of the filing date. There’s a “normal” waiting period after the complaint is filed. It is six months for divorce cases involving children. Even though they can be concluded in less than a year, child custody disputes can last longer. It can last more than six months. The waiting period results from the state’s emphasis on protecting the family. It tries to protect the institution of marriage as much as it can. Hopefully, it works in the children’s best interests. It gives both parties a “cooling off period” to think things over and decide against divorcing.
Step 5: Attend the hearing.
A final hearing is scheduled. The court reviews your agreement. It certifies that the terms of the divorce are acceptable. The judge will then grant the divorce. The defendant can sign the decision. If you had agreed, the judge will enter it by consent without your presence at the hearing. Uncontested divorces can result in an amicable separation between spouses. A level of mutual trust and collaboration between the parties is required for this to happen. An uncontested divorce allows parties a quick, easy, and economical way to dissolve their marriage.
Is a court appearance required for an uncontested military divorce?
A final hearing will definitely be scheduled. The judge will analyze your agreement. The court determines if the terms of the divorce are reasonable, and sign the judgment of divorce. In default, if you as a defendant agree with all the provisions, you can sign the judgment. The judge will enter it by consent. This means you are excused from the requirement to appear at the hearing.
A final hearing will be scheduled. The judge will analyze your agreement. The court determines if the terms of the divorce are reasonable, and sign the judgment of divorce. In default, if you as a defendant agree with all the provisions, you can sign the judgment. The judge will enter it by consent. This means you are excused from the requirement to appear at the hearing.
You have already consented and signed. There is no more need for you to appear in court.
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