Divorce Process
Every Michigan divorce is unique. However, couples must follow a legal divorce process to ensure their split is done properly. Work with the experienced divorce attorneys at BBA Law in Shelby Township, MI, to get support, guidance, and the best outcome for your future.
Step-By-Step Overview of the Divorce Process
- Divorce initiation. After you hire a divorce lawyer, your divorce complaint is filed in the proper jurisdiction. Nothing can happen in the divorce process until the complaint is answered by your spouse.
- Immediate actions. Urgent matters at the start of a divorce, like temporary child custody, parenting time, and child and spousal support, are addressed by interim orders issued by the court until the divorce is finalized.
- Discovery. Assets and debts of both parties must be reported. Discovery is used to uncover unreported information and avoid the falsification or hiding of financial information.
- Fault. Though Michigan is a no-fault state, fault counts for purposes of child or spousal support. Investigations may seek information about infidelity, abuse, or abandonment.
- Negotiation. Some couples have an amicable working relationship and can use mediation or arbitration with third-party help to settle their case quickly and cost-effectively.
- Wrap-up. Ideally, both parties negotiate a settlement between their attorneys or with the help of a mediator. If an agreement cannot be met, a divorce trial is scheduled and presided over by a family law judge.
The Divorce Process Timeline and What to Expect
Divorce is about ending a marriage, but the legalities of this action are primarily focused on financial matters and children. Your divorce attorney will seek information from your spouse, and your ex’s attorney will seek information from you. Expect to provide months and sometimes years-worth of information, including:
- Pay stubs
- Spouse’s income
- Income tax returns
- Savings/checking accounts
- Investments
- Retirement accounts
- Real estate holdings
- Pensions
- Valuables
- Education, skills, employment background
- Child info: schools, health, activities, special needs
Filing for Divorce in Michigan
A divorce begins when one spouse files a lawsuit indicating the marriage has irretrievably ended. In the State of Michigan, it’s important to understand the following terms:
- No-fault. Every divorce is termed “no-fault.” Neither person is considered responsible for the dissolution of the marriage.
- Jurisdiction. The divorce action must be filed in the county where the person filing resides, giving the court in that county power over the case.
- Family court. Divorce cases are heard within the circuit court by the family court and its judges.
- Waiting period. Any Michigan divorce that involves minor children cannot be finalized for at least six months, though this timeline is usually longer. If there are no minor children, the action cannot be finalized before 60 days.
Serving Divorce Papers
One person in a couple begins a divorce. Once that complaint is filed it is delivered to the other spouse. If you receive the complaint, it’s time to hire an attorney. The complaint is typically broad, but it does require an answer which sets the stage for divorce discussions. The answering party files a counter-complaint but the divorce will go forward even if the non-filing party does not answer.
Contesting a Michigan Divorce
The divorce process can proceed smoothly and without difficulty, but if one spouse contests the split, this could indicate that:
- There was domestic violence in the marriage.
- There is disagreement about the division of assets.
- There is no agreement on the value of marital property.
- One or both parties have hidden assets.
- There is no agreement on child custody, child support, or parenting time.
If you and your spouse agree that divorce is the right choice, if you agree on your finances and assets and debts, if you have a working plan for caring for your children, the divorce process will be easier and far less costly.
Are you ready to file for a Michigan divorce? Do you have questions about the process? Schedule a consultation with BBA Law today.
