Divorce is never an easy process, and most people who go through it would like to get it over with as soon as possible. If you’re parting ways with your spouse, you may be wondering, “how long does an uncontested divorce take?” Proceeding with an uncontested divorce can significantly reduce the amount of time your case takes and the cost associated with it. However, it’s important to be aware that there can still be a number of factors that influence the timeline of your divorce.

While every divorce case is unique, the following are several factors that can influence how long it can take to obtain the final judgment:

1. Michigan’s Mandatory Waiting Periods

Michigan law imposes mandatory waiting periods from the initial divorce filing to the finalization of the divorce, even in uncontested matters. Also referred to as a “cooling off period,” this timeframe is meant to provide time to potentially reconcile or resolve any issues that need to be determined. If a couple does not have children, they must wait two months from the date the divorce action was commenced until the final judgment can be rendered. Couples with children must abide by a six-month waiting period.

2. Procedural Requirements

There are specific procedures that must be followed, whether your divorce is contested or uncontested, which can impact the timeline of a case. Once you file for divorce and have served the necessary papers on your spouse, they will have 21 days to respond if they were served personally, or 28 days if they were served by mail. How long they take to respond to the divorce papers can contribute to how long an uncontested divorce takes. If your spouse fails to respond at all, you could be granted a default judgment, meaning the court would grant you the relief you seek without your spouse’s participation. However, the mandatory waiting periods still apply.

3. The Number of Issues That Must Be Resolved

The issues in every divorce case are different and can vary in complexity. If spouses resolve the issues of child custody, spousal support, property division, and child support between themselves and the divorce is uncontested from the outset, it may only be a few months until the judge issues the final decree, depending on the court’s calendar. However, if there are any issues that need to be resolved after the divorce papers have been filed, this can increase the amount of time the case will take to reach a resolution.

4. Missing Financial Information

Even in an uncontested case, complex financial issues can extend the timeline. Regardless of whether a case is on the contested track or uncontested track, full financial disclosure is mandatory in divorce so that each spouse is fully informed of the other’s assets and income. If financial information is missing or incorrect, the divorce process can be delayed as the judge will need it to verify the fairness of the settlement agreement.

5. Compromise Between Spouses

One of the biggest indicators of how long an uncontested divorce takes is compromise between the spouses. If one spouse files for an uncontested divorce but the other spouse wishes to contest it, the divorce will become a contested matter and take longer to resolve. The case will need to proceed through the litigation process, which can be lengthy and involve extensive discovery, court hearings, motion practice, and ultimately, a trial. Although a spouse who has been served with divorce papers cannot stop the divorce from moving forward, they can still contest the issues of property division, child custody, alimony, and child support.

6. The Use of Alternative Dispute Resolution

If spouses use alternative dispute resolution methods such as mediation or the collaborative process to resolve any issues that need to be decided in the case, this can affect the overall timeline. While these processes are often faster than litigation, spouses can schedule sessions at their convenience and go at their own pace. The parties can schedule sessions as close together or as far apart as they would like, based on their objectives for reaching a timely resolution.

Contact an Experienced Michigan Divorce Attorney

If you’re wondering, “how long does an uncontested divorce take in Michigan?” it’s essential to consult with a knowledgeable divorce attorney who can evaluate your case. Based in Howell, Michigan, Bergmans Law P.C. handles a wide range of divorce matters throughout Livingston, Genesee, Ingham, and Washtenaw Counties and surrounding areas. Providing dedicated counsel and reliable representation, Henry Bergmans is committed to helping clients settle the issues that must be resolved in their divorce cases amicably and out of court whenever possible. Please reach out to learn how the firm can assist you by filling out the online contact form or by calling 810-442-4107.