When you are trying to decide if you should file for divorce and whether now is the right time to start the process, it is common to have questions about the average length of a divorce in Michigan. Many Michigan residents want to know how long their divorce is likely to take before they even begin the process by filing a petition for divorce. So, what is the average length of a Michigan divorce?
There is no single answer to this question since divorce proceedings can vary greatly in length based on many different factors. For example, whether you have a contested or uncontested divorce can affect the timetable. If you have minor children from the marriage, this fact can also result in a longer divorce. Other factors that may play a role include the length of the marriage and the amount of marital property to divide. While it is important to speak directly with a Michigan divorce lawyer to learn more about the likely timetable for your divorce, the following is some general information about the factors that can impact the length of a divorce case.
Required Waiting Period for a Divorce in Michigan
Regardless of any factors that can affect the length of a particular divorce process, Michigan law has specific waiting periods that must be met. In other words, no matter how quickly you might be able to get through your divorce, you must wait at least this long:
- 60 days if there are no minor children from the marriage; and
- Six months if there are minor children from the marriage.
Contested Versus Uncontested Divorce
Aside from statutory waiting periods, another significant factor that can impact the length of your divorce is whether you will have an uncontested or contested divorce. An uncontested divorce means that you and your spouse agree to all the terms of the divorce-from the division of marital property to spousal support to child custody. If there are any terms that you cannot agree upon, then you will have what is known as a contested divorce.
Contested divorces take longer than uncontested divorces. The length of time for a contested divorce can also vary greatly depending upon how many legal issues will need to be determined by the court. For example, you can imagine that a divorce will go much more quickly in a situation in which a married couple agrees to all the terms of the divorce except the division of certain marital property as opposed to a divorce in which the couple cannot agree on anything.
Minor Children From the Marriage
If you have minor children, your divorce simply will take longer than a divorce without minor children. Even if you and your spouse have come to an agreement about child custody and child support, the court will need to look over your case to ensure that the terms of your agreement are in the best interests of the children. If you cannot agree on issues of child custody and child support, the court will need to make these determinations. Child custody disputes can take a particularly long time to resolve.
Contact a Michigan Divorce Lawyer
If you have questions about the likely length of time for your divorce, you should get in touch with a Michigan divorce lawyer today. Contact the Law Offices of Michael A. Robbins for more information.