(Newswire.net — October 28, 2021) –Each divorce case is based on several legal steps people should follow to end the marriage. At the same time, the process of getting a divorce is unique for every couple, depending on the personalities, circumstances, and priorities of the spouses. To make it a less stressful and emotional experience, you should understand how the courts interpret family law in your state.
Thus, consider the step-by-step guide outlined below to get a divorce in Michigan without complicated legal and financial issues.
Meet Residency Requirements
Before filing for divorce in Michigan, it is essential to check if you meet local residency requirements. Currently, they are as follows:
1. Either you or your partner should have lived in the state for at least six months before the divorce petition is filed. Otherwise, if you fail to meet the 6-month residency requirement, you’ll have to file for divorce in some other state where you meet local requirements.
2. The person applying for dissolution of marriage (also known as petitioner) should have been a resident in the county where the petition is filed for at least 10 days before the divorce case is started.
Decide on the Type of Divorce
Presently, Michigan belongs to the list of no-fault states. In other words, residents have the opportunity to end their marriage regardless of the fault of either party. However, if you prove cheating, abandonment, cruelty, or any other misconduct to be the main cause of the split, it will likely impact the division of marital property, spousal support, and child custody.
Besides, the length and complexity of the divorce process typically depend on whether it is contested or not. For example, if you and your spouse manage to reach a mutual agreement on divorce-related issues, you can go through an amicable route in Michigan.
As a result, you can save a lot of money and time on completing the divorce process, as you won’t be required to hire an attorney. Most often, this way of dissolving your marriage costs anywhere from $800 to about $1500, and it takes a minimum of 60 days.
In contrast, contested divorce cases are based on disputes that must be settled in court. As a result, the inability to agree to all terms and conditions of marriage termination may cost a person about $13,000 in legal fees for the entire process. When it comes to the amount of time needed to process these cases, a contested divorce can last up to several years.
Fill Out Necessary Documents
You’ll have to prepare and submit appropriate divorce forms to start the marriage dissolution process regardless of the type of divorce you select in Michigan. On the one hand, you can serve this task with the help of a lawyer who specializes in family law. Nowadays, local attorneys charge between $225 and $270 per hour, and they may also need at least one week to complete court-approved divorce papers.
On the other hand, if you apply for an uncontested divorce, you can use the do-it-yourself option to generate appropriate forms in your state-specific format. It is way cheaper and faster than the traditional route, which is why many residents of Michigan consider this option in the first place.
You can find the whole list of necessary divorce forms on the Self-Help Section of the Michigan Courts website. Even though required papers may differ depending on your personal circumstances, all couples filing for divorce in the state of Michigan should fill out the following forms:
- Complaint about Divorce
- Summons
People with minor children will also be required to fill out additional forms.
Simultaneously, in a do-it-yourself divorce, people are fully responsible for obtaining this legal knowledge and guidance. If you have a poor level of awareness in the legal area, you can use services offered by online divorce companies to prepare your documents.
Online providers can help you fill out and generate the entire list of ready-to-sign forms that comply with local laws and regulations for as little as $200-500. Moreover, you’ll be able to download completed forms online in a matter of two business days, which is way faster and more convenient than letting lawyers handle this task.
File Documents and Pay Filing Fees
After completing your documents, make sure to file them at the Clerk of the Court’s office in the county where you or your partner lives. The clerk will charge a filing fee of $175 plus a judgment fee of $80.
If you can’t afford this payment, you are allowed to fill out a Fee Waiver Request form that the court will later review for possible approval.
Serve Your Spouse
Once your divorce petition is filed, you will have 91 days to notify your soon-to-be-ex-spouse about the initiation of the marriage termination. Nowadays, you can do it:
- By the sheriff’s deputy or a police officer
- By a process server
- By a relative or a friend who is at least 18 years old
No matter what person carries out this task, they can do it either personally or via mail. Finally, your partner will have to fill out a Proof of Service form and return it to you or directly to the court.
Finalization of Divorce
If couples applying for an uncontested divorce have no minor children, they can expect to receive a final divorce decree in a minimum of 60 days after the start of the marriage dissolution process. If you have children, you’ll have to wait at least six months before getting your divorce granted.
People ending their marriage in a contested way should wait more time before a judge can sign the final divorce decree, as issues related to child custody, spousal support, and property division will have to be resolved. Sometimes, this process can last over 1-2 years.
Bottom Line
Filing for divorce in Michigan can be easier if you know all the procedures. What’s more, the process can be less complicated if you and your spouse agree on all marriage-related issues and you file for an uncontested divorce.