The average marriage that ends in divorce lasts about eight years, according to the U.S. Census. Meanwhile, Forbes reports that the majority of divorces take about one year. That time frame can be shorter or longer, depending on factors like which state a couple resides in, how contentious the divorce is, and whether children are involved.
The Mandatory Waiting Period
In most states, a married couple that has filed for divorce will have to wait a fixed number of days or months before the divorce can proceed. These waiting periods range from 10 days to 12 months, beginning on the day the divorce is filed. They are intended to allow a couple time to reconcile or negotiate the terms of their parting of ways.
Michigan is among the states with a required waiting period. If a couple has no children, they must wait 60 days. The state mandates that couples with children wait six months. One of the few exceptions to the law is a divorce filed due to desertion.
Michigan is also a no-fault divorce state. A spouse can dissolve the marriage by simply attesting that the marriage has broken down.
An Uncontested Divorce Takes Longer
In addition to the mandatory waiting period, the timeline is affected by whether the divorce is uncontested or contested.
In an uncontested divorce, the couple has worked out the terms, including the division of marital property and debts, child custody and support, and spousal support. An uncontested divorce can move through the system swiftly, taking 60 days to six months to finalize.
An uncontested divorce, on the other hand, involves disputes over the terms. If the couple cannot resolve these disputes, the divorce proceeds to trial, and a judge decides the terms for them. A contested divorce could drag on for a year or longer.
Ways to Speed Up a Divorce in Michigan
After a divorce, spouses may be eager to heal and move on with their lives. A long, drawn-out divorce can delay their new beginning. What steps can be taken to speed up the divorce process?
Try to Compromise
Before or during the waiting period, a couple should make every effort to agree on the terms of the divorce. They should try to approach the divorce with kindness and honesty, including when disclosing assets. Dishonesty may inflame the other spouse and cause avoidable setbacks.
Meet Every Deadline
A single missed deadline or court date can cause considerable delays. For example, when the complaint for divorce is served, the defending spouse has 21 days to file an answer. They should act promptly to avoid setbacks.
Look for Outside Help
Spouses can hire a professional mediator to help them compromise. Mediation allows a couple to work out disputes outside of the court. It’s not uncommon for a couple to reach a resolution in a single session.
One spouse or both can also hire a divorce attorney. Not only will the attorney know the law and procedures, but they can offer tips for expediting the process.
Do You Need a Divorce Attorney?
If you require legal guidance for a divorce, contact Rodnick, Piraino & Ingber, PLLC, for a consultation. Our experienced Michigan divorce attorneys will counsel and represent you from filing to finalizing.
