Making the decision to get a divorce is not an easy one for most couples. Once they make the decision, though, they want it over as quickly as possible. In Michigan, a quick divorce is not easy to come by where the law requires “a cooling off period.” If there are no children, the divorce can go through in as few as 60 days. If you have children, however, the divorce will to take longer as the courts decide on custody and child support issues. There will be a minimum six-month waiting period if children are involved.
Follow the rules
To get divorced in Michigan, you need to establish residency. You or your spouse must have lived in the state for at least 180 days. In addition, you or your spouse must live in the county where you are filing for at least 10 days. You can file in the Circuit Court in the county in which you or your spouse live.
Once you establish residency in the state and county where you want to file, you must go to Circuit Court to file paperwork seeking the divorce. You will be required to pay a fee. Only one of you will be required to appear in court to prove to the judge a breakdown in the marriage has occurred and it cannot be repaired. You can do this on your own or with the help of an attorney.
Michigan has no-fault divorce policy, also known as uncontested divorce, meaning you can get a divorce even if if the marriage fell apart because of something you did. The only caveat for a no-fault divorce is that you have to show that your marriage relationship is broken and cannot be repaired. You and your spouse may still fight over property and spousal support.
If your divorce in uncontested, you may be able to take care of it online cheaper than by going to a divorce attorney. This will work if one of the partners is in the military. It will work in Michigan as long as one of you is a resident. Remember, the 60-day cooling off period will remain in effect.
Squabbling over money and property may drag out the time it takes to get your divorce. This can increase the cost of the divorce.
Only one person in the marriage has to want the divorce. The other person cannot stop the divorce from happening, but can delay settlements or child-custody arrangements.
Check with several divorce attorneys before hiring one. Make sure they are licensed to practice in Michigan and are familiar with the state's divorce laws. Specifically, the minimum 60 days it takes to finalize a divorce.
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