While divorce signifies an end to a marital relationship, at times couples can agree to part ways amicably through having an uncontested divorce. For this to happen there must be some level of trust between the parties as well as willingness to cooperate. Uncontested divorce is preferred as it presents the parties with an easy and affordable option for divorce in Michigan, offering them a quick route to move on. So what is required to have an uncontested divorce? This article attempts to provide you with accurate information, helping you overcome any doubts or concerns in the attempt to arrive at amicable divorce.

What is uncontested divorce?

Uncontested divorce means that the parties have agreed on all the pertinent issues of divorce. It means reaching an agreement, where the parties aim at avoiding the lengthy court proceedings and save on the costs that would accompany such a process.

So what are the steps to having uncontested divorce?

  • First you should ensure you meet the residency requirement where you or the spouse must have lived in Michigan State for at least six months as well as one of you having lived for at least ten days in the county where the case is filed.
  • Ensure that you have the necessary supporting information to complete the related negotiations such as child support, parenting plan, asset division, alimony, debt, custody among others. It is advisable to be thorough and obtain as much information as possible as this allows a smooth discussion.
  • Know the forms which need to be filled; this will be determined by your situation such as presence of children, whether alimony is needed, division of assets and debts among others. In all these circumstances supporting documents need to accompany your petition.
  • Before filing the paper work, you will need to determine the right circuit court where the complaint and related paperwork will be filed. As for the forms which need to be filed, the court officials will guide you on what is required. You also have an option of working with an online service where experts will guide you on the proper filling and filing of the forms. Working with experts ensures that the process is done right first time, helping in expediting the case. You will need to pay the required fees for filing as well as serving the other party.
  • As a matter of procedure, your spouse need to be served, this can be done in person or through mail. Upon being served the spouse can file a response explaining parts they disagree with but if he or she agrees with everything or has signed a waiver, there would be no need of responding.
  • When the divorce is uncontested both parties can file the paperwork together accompanied with a written settlement. In such a case the judge may sign off or in when no response is filed enter a default judgment.
  • The parties are required to complete financial disclosure forms where they provide information on their financial position, such details as income, expenses, debts and assets need to be provided.
  • For this to work, it is important to address all divorce related issues upfront, talk to your spouse and decision on how these issues will be handled. Start by drafting the agreement which you will present to the court as a proof that the whole process is amicable.
  • There is a waiting period which varies depending with your situation. For those with no children, it is a two month while for a divorce where there are children it is a six month waiting period. Sometimes this period can be waved.
  • A hearing is scheduled where the judge reviews the agreement, ensuring that the terms are fair and ultimately signs a judgment of divorce.

At minimum the uncontested divorce in Michigan can take three months but this period can be longer in case children are involved.

Uncontested divorce can help you save on time and cost of the whole process as well as the emotional pain that normally accompany the process. If this works for you, it is worth trying it out.

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