If you and your spouse can agree on the legal issues that must be resolved in a Michigan divorce, an uncontested divorce proceeding can save you money, time, and stress. Other benefits include having more control over the outcome and maintaining privacy of personal information. This approach to a divorce often enables couples to part more efficiently and with less conflict. If there are children, an uncontested divorce can minimize the adverse impacts on their lives.
Basics of an Uncontested Divorce
In an uncontested divorce, the spouses have no major differences over the issues that are required to be resolved as part of a Michigan divorce. Those matters include:
When spouses can agree on these issues, they enter into a settlement agreement that is filed with the court as part of the divorce case.
In addition, formalities and detailed procedures must be followed. At least one spouse must be a resident of Michigan for 180 days and of the county for 10 days before the proceeding is filed. Specific documents and forms, including financial disclosures, must accompany the Summons and Complaint. After the papers are filed, there is a mandatory waiting period, which is 60 days if there are no minor children and 180 days (6 months) if there are minor children.
After the required documents and the signed settlement agreement are filed with the court, and the waiting period is satisfied, a court hearing is scheduled. At the hearing, the judge reviews the agreement and other paperwork. If everything is in order, the divorce is finalized.
Reaching an Agreement
It is not necessary for the spouses to start out in complete agreement on every detail of the final settlement. To reach a mutually-acceptable agreement on all aspects of the issues, the spouses can negotiate with each other directly or with assistance and guidance from their respective lawyers. If there are still outstanding issues, mediation or a collaborative process can be used to reach a resolution.
In mediation, a neutral third party facilitates discussion between the parties in a way that minimizes conflicts. A mediator does not decide issues, but helps spouses to clarify issues and potential solutions in a manner that can help them to reach an agreement. Under a different approach, the collaborative process uses a team of professionals who are experienced in addressing the issues that need to be resolved. The collaborative process can help spouses decide on mutually agreeable solutions.
When the spouses agree on all details of the settlement, the lawyer for the filing party drafts a settlement agreement for the parties to sign. When both parties are comfortable with all the provisions of the agreement, they sign it in preparation for submission to the court.
Understanding the Benefits of an Uncontested Divorce
The uncontested divorce process enables a couple to end their marriage without an adversarial legal fight. By cooperating to reach an agreement, rather than using a confrontational approach, the spouses have greater control over the process and the outcome. Rather than having a judge determine matters for the couple, the individuals make the decisions themselves and avoid the risks of submitting issues to the court for resolution. This process provides greater certainty and privacy, along with other benefits.
Some of the major benefits of an uncontested divorce include:
Lower Costs
By avoiding divorce litigation, in which the court decides the issues for the couple, attorneys’ fees and court costs are reduced. There are no motions, discovery, depositions, or court appearances to gather and present evidence to the court. The issues are resolved through the settlement agreement. The court’s involvement is minimal, usually consisting solely of a single hearing to review the agreement for compliance with the standards of Michigan law that apply to each of the issues.
The streamlined process benefits the spouses by saving on both attorneys’ fees and court costs, lowering the overall expense of the divorce.
Shorter Timeline
In an uncontested divorce, the time required to reach a settlement agreement is within the control of the spouses. While the statutory waiting period cannot be avoided, the overall timeline for developing an agreement, filing documents in court, and finalizing the divorce can be substantially shorter than a litigated divorce. Typically, there is only one court hearing (at the end of the waiting period) before the divorce is final.
Having knowledgeable legal counsel is an important part of expediting your case. Working with an experienced divorce lawyer ensures that the terms of the agreement comply with Michigan legal requirements and rules, and that the documents and process follow the specific legal requirements for a divorce case. When the documents and procedural steps comply with the legal requirements, the court’s review goes more smoothly and takes less time.
More Control, Less Conflict, and Reduced Stress
Obtaining a divorce settlement through a negotiated process between the spouses gives the couple more control over the terms of the divorce and the outcome of the divorce proceeding. Rather than relinquishing control over the outcome to the court, the spouses themselves determine how to resolve the legal issues relating to the marriage in a mutually-agreed upon way that best meets their respective needs. This process provides benefits by creating much less conflict and stress for all parties, including minor children.
With the greater control over the outcome comes improved predictability. An uncontested divorce avoids the risks associated with an outcome determined by a judge, which can be problematic for the individuals in many ways.
Privacy and Confidentiality
The process for obtaining an uncontested divorce avoids publicly airing personal issues and concerns in court proceedings and hearings, which maintains privacy and confidentiality for everyone involved. Personal matters, documents, and testimony do not become part of a public court record broadly available for review. This aspect of the process benefits everyone who is involved and protects the confidentiality of personal family matters, including those that might be particularly sensitive for children.
The Role of Legal Counsel in an Uncontested Divorce
Although Michigan does not require a spouse to be represented by a lawyer in a divorce proceeding, having legal representation protects against errors or misunderstandings that could derail the whole divorce process. A lawyer also makes certain you understand the legal issues and protect all your rights, in addition to making certain that Michigan laws and procedures are followed throughout the process.
Michigan family law attorney Henry Bergmans has the in-depth knowledge and experience to guide you through the uncontested divorce process from start to finish. His compassionate, client-focused approach helps you make informed decisions for both the short term and longer term. Henry’s extensive legal and professional background enables him to excel in helping you successfully navigate the process in a cost-effective, time-saving manner, while minimizing the conflict and stress of the circumstances.
Schedule a Free Consultation with Henry Bergmans
Based in Howell, Bergmans Law P.C. serves clients in Livingston County, Genesee County, Ingham County, and Washtenaw County, and in the surrounding areas. You may reach out to schedule a free consultation by calling (810) 360-0900 or by using the online contact form.