If you’re considering divorce, it’s important to understand that the process does not always need to involve engaging in a long drawn out court battle with your spouse. An uncontested divorce in Michigan can allow for a faster, more cost-effective, and less adversarial way to end a marriage. Unlike a traditional contested case, spouses do not need to prepare an uncontested case for trial or be bound to the court’s calendar. Rather, spouses can negotiate their settlement outside the courtroom and avoid the time, expense, and stress of litigation.
An uncontested divorce is one in which spouses agree on all the major issues that need to be determined before the final judgment can be rendered. This is in contrast with a contested divorce where one or more key issues are in dispute. Specifically, the issues that need to be determined before any type of divorce can be finalized include the following:
Typically, there is little to no court involvement in an uncontested divorce in Michigan. Rather, spouses work out the issues that need to be decided between themselves or through their attorneys. In some cases, an uncontested divorce can also help spouses maintain an amicable relationship for the benefit of their children.
To begin the uncontested divorce process, one spouse must file a Summons and Complaint for Divorce in the appropriate county. These are the papers that officially commence the case, even when spouses have determined all the issues. Service of process must be made on the other spouse by a person over 18 who is not a party to the case, such as a process server. A spouse may also voluntarily accept the papers, rather than be formally served, and sign an acknowledgement of service. The spouse who received the Complaint will have 21 days to file an Answer.
In addition to filing the initial papers, there are several other requirements to obtain an uncontested divorce in Michigan, including the following:
After spouses have signed their agreement and the waiting period has concluded, a court hearing will be scheduled in the case. At the hearing, the judge will review the agreement to ensure the terms are fair and sign the final judgment.
If you’re having difficulty reaching a resolution with your spouse, mediation or the collaborative process can help you communicate your concerns and identify creative solutions. In mediation, a neutral third party can assist with guiding the discussion and minimizing any conflict. Although they cannot render decisions in the case as a judge would, they can clarify the issues in dispute so you and your spouse can reach a settlement agreement that will be submitted to the court.
The collaborative divorce process involves working with a team of professionals who are assembled based on the issues that must be determined in the case. Along with the attorneys, those on the collaborative team can help ensure spouses make informed decisions and you and your spouse reach a mutually acceptable resolution. Once the issues in the case have been settled, an agreement can be drafted and the case would proceed just as any other uncontested divorce in Michigan.
If you would like to learn more about uncontested divorce in Michigan, a knowledgeable attorney can best advise you. Based in Howell, Michigan, Bergmans Law P.C. handles a wide range of matrimonial matters throughout Livingston, Genesee, Ingham, and Washtenaw Counties and surrounding areas. Providing compassionate counsel and skilled representation, Henry Bergmans is dedicated to helping clients resolve the issues in their divorce cases amicably and respectfully. Please reach out to learn more about the firm’s divorce services through the online contact form or by calling 810-360-0090.
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