Uncontested Divorce Cases

Uncontested Divorce Cases

If you are getting a divorce, you need a knowledgeable divorce attorney to guide you through the divorce process. The Law Office of Robbins & Licavoli, PLLC, is here to provide you with the best legal representation possible to ease your mind.

What is an Uncontested Divorce?

Michigan is a “no-fault” divorce state, meaning that neither person needs to provide a specific reason for wanting the divorce. The only requirement is that the complainant (person filing for divorce) is able to testify that the marriage has fallen apart and there is no chance that their differences can be resolved.

If both parties have come to an agreement on the terms of their divorce, then both sides can file for an uncontested divorce. An uncontested divorce takes a minimum of three months before it is settled.

In an uncontested divorce, both persons have come to a consensus on the following issues:

  • Division of marital property and debts: will include each couple’s rights to life insurance proceeds and retirement benefits
  • Spousal support or alimony: whether the lower-income spouse will be receiving financial support from the other
  • Child-Related matters: if there are any minor children involved, terms of child custody and visitation rights

Should I Hire an Attorney for an Uncontested Divorce?

Although it may seem unnecessary to hire counsel, the complexities of divorce make it wise for you to always hire an attorney. It is vital that documents are filled out accurately and filed in a timely manner. 

Not to mention, every divorce strives for the equitable distribution of assets. Although a couple may have come to terms on the distribution of assets, an attorney has the legal expertise to ensure that you are getting your fair share.

What is the Procedure for an Uncontested Divorce?

Here is an outline of the major steps in the divorce process in Michigan:

  • Initiating the Process: you file a complaint, summons, and other paperwork to begin the divorce process
  • An Answer: your spouse must file an answer within a certain time frame (usually within 21 days), responding to each issue brought up in the complaint. 
  • Waiting Period: if there are no children involved, then the waiting period is sixty days. However, if you have children, the waiting period is six months before the divorce can be finalized. An exception to the mandatory six-month waiting period would be if the wait would cause an unusual hardship. In this case, you can request to waive the six-month waiting period.
  • Temporary Order: a temporary order will be issued determining the living arrangements of the children, child support, alimony (if applicable), and other decisions about debt and finances.
  • Court Hearing: after filing a complaint, you and your spouse will have to attend a court hearing to receive the Final Divorce Judgment. 
  • Final Judgment of Divorce: this is the final binding document granting the divorce. Both parties will have the opportunity to review the judgment with their counsel before signing it. The judgment will effectively terminate your marriage and will lay out the terms of the divorce.

Contact a Dedicated Michigan Uncontested Divorce Attorney

Although an uncontested divorce is not nearly as stressful as a divorce when the couple cannot come to an agreement, you still need a divorce attorney on your side. Our legal team has the background and insight to assist you.

Contact us today and let us advocate for you during this tense process. 

Get in Touch with Robbins & Licavoli