An uncontested divorce in Michigan is cost-effective, time-efficient, and less stressful. Uncontested divorces mean that you and your spouse are in agreement on all issues including child support and custody, alimony, and the division of assets, if any. The court approves the divorce agreement and enters the divorce judgment.
While it’s true that often both people are not completely happy, it is also true that most often when the parties themselves decide on an agreement they are happier than it if the Court decides. An uncontested divorce is Affordable for the simple reason that when people agree not to fight with each other, to spend less in court, and that equates to less attorney’s fees.
In addition, an uncontested divorce is meant to be an option for couples to end a marriage peacefully and with dignity. By remaining cordial and cooperative, a couple can make a highly complicated process a lot simpler.
What is the procedure for an uncontested divorce – what do I need to do?
To start a divorce in Michigan, your spouse will file a divorce paper in court called a “complaint”. Once the court receives the complaint, it will issue you a summons. Then you become a defendant. Michigan court requires the defendant to answer the complaint with 21 or 28 days depend on the way receive the complaint. If you do not respond to the complaint for divorce or separation or you file a response but reach an agreement, your case will be considered either a “default” or an “uncontested case”. Keep in mind that when a spouse has been served with a divorce compliant and you did not answer or miss the deadline to answer, the divorce court in Michigan has the authority to proceed with the divorce.
The spouse who obtains the default usually receives everything requested in the complaint. For example, your spouse may have asked for full custody, spousal support, alimony, and the majority of the marital assets such as a car, house, IRA, etc. If you fail to respond or answer to the complaint, the judge will have no reason to deny your spouse’s requests and enter “default Judgment of Divorce”. Before you choose this option (not to answer the complaint), make sure you read the divorce complaint filed very carefully. What is asked for in the divorce papers is probably going to be what the court orders.
Whether you choose to file an answer to your spouse’s complaint for divorce in Michigan, you can still work out an agreement.
In your agreement, you can both agree to end your marriage and get divorce. You can also agree about:
- How to divide your property and your debt,
- Whether anyone will pay the other spousal or partner support, and
- What child support and custody and visitation orders you will need if you have children together.
You may be able to reach an agreement on all of these issues, or only some of them. Although in truly uncontested divorce matters the parties have reached an agreement concerning child support, child custody, alimony and equitable division, the assistance of counsel is still necessary to avoid time consuming and costly delays caused by incomplete or inaccurate legal filings or unfamiliarity with certain laws and procedures. Both parties should be represented by counsel, as one attorney cannot legally represent both parties in an uncontested divorce matter.
When you retain our lawyers at DivorceEx.com, you don’t need to worry about how a case is started. We will handle your case from start to finish.
If you have any questions regarding the process and the legal requirements for an uncontested divorce in Michigan, you can call our Divorce & family law attorneys at DivorceEx.com. If you need guidance and help in the process, call us today and we can help you prepare everything properly.
At DivorceEx, we provide a broad range of family law services. We can advise you and protect your interests regarding:
- Child custody & visitation
- Child support matters
- The marital home and other real estate matters
- Pensions, retirement savings, and investments
- Vehicles, valuables, and personal possessions
- A professional practice or closely held business
- Spousal maintenance and alimony
- Equitable division of debts
We understand that the court process can be complicated and representing yourself can be confusing. We also know that hiring an attorney can be very expensive. This is why we provide affordable legal services such as:
- Consultations with experienced family law attorneys
- Hands-on pro se assistance (helping you represent yourself)
- Unbundled services (providing you with specific services)
- Flat fee options for uncontested divorce