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What is a Contested Divorce in Michigan?

by | Aug 21, 2020 | Uncategorized |

Are you thinking about divorce in Michigan? Whether you have been married for a few years or many decades, you might be thinking about ways to make the divorce process as painless as possible. Of course, many divorces involve bitterness and contentious sentiments even when the parties are on relatively good terms with one another. Ultimately, if you hope to move quickly with your divorce case, you should be aiming for an uncontested divorce. Let us explain more about how an uncontested (as opposed to a contested) divorce works under Michigan divorce law, and how you ultimately may be able to achieve an uncontested divorce even when the case starts out with spouses who are unwilling to reach an agreement.

What is a Michigan Uncontested Divorce?

An uncontested divorce is a divorce in which both spouses have reached an agreement about all issues in the divorce. In other words, no divorce issues are disputed—the parties agree about the distribution of marital property, child custody, and child support. On the flip side, a contested divorce is a divorce in which even a single issue is in dispute. To be sure, even if the parties agree to most issues but cannot agree, for example, to how a marital asset will be distributed, they will be facing a contested divorce.

Contested divorces tend to take longer than uncontested divorces, and they frequently cost more money because they require the parties to present their cases before a judge who will ultimately resolve the dispute. In some cases, before a hearing, the lawyers may be able to work toward a negotiated Marital Settlement Agreement. 

Consider the Benefits of Family Law Mediation

Even if a negotiated settlement with your spouse does not feel possible at the beginning of your divorce case, you should consider the benefits of family law mediation. In a divorce mediation, both spouses, along with their attorneys, meet in the same space. With the help of a neutral third party known as a mediator, the spouses can engage in dialogue that is designed to help them resolve any disputes they may have with regard to a divorce settlement. Many mediation sessions promote communication between the parties, and ultimately allow the spouses to play a bigger role in the outcome of their divorce case than they might have initially expected.

Through mediation, parties can reach an agreement that allows for an uncontested divorce. Accordingly, mediation can make the divorce process quicker and more cost-effective. Yet even if you cannot reach an agreement with your spouse through mediation, not too much has been lost—you can still move onto a hearing in front of a judge with assistance from your Michigan divorce attorney.

Contact Our Michigan Divorce Attorneys

Whether you are anticipating a contested divorce or an uncontested divorce, it is critical to have experienced legal counsel on your side. Do not hesitate to get in touch with one of the experienced Michigan divorce attorneys at our firm to learn more about the options for moving from a contested to an uncontested divorce in Michigan. Contact the Law Offices of Michael A. Robbins to discuss your divorce with one of our family lawyers today.