There is no simple answer to how long a divorce in Michigan will take. Every case is unique and various factors will determine how long your divorce takes. Factors that are unique to every divorce include the number of children involved, amount and types of property and assets, as well as the county and judge that your case is with. The following are some factors that go into determining the amount of time your Michigan divorce will take.
CONTESTED VS. UNCONTESTED DIVORCE —
Generally, there are two types of divorce cases: uncontested divorces and contested divorces. An uncontested divorce is one where the parties are amicable and typically already agree with what is going to happen with everything prior to even entering into a divorce. A contested divorce tends to be a little bit more time-consuming, stressful, and expensive, as the parties are unable to agree on terms of their divorce such as child custody/support, property and asset distribution, spousal support, and other factors. Whether you have a contested divorce, or an uncontested divorce will be the first determining factor in the length of your divorce. Uncontested divorces tend to take less time than contested divorces whereas contested divorces tend to take more time.
DIVORCE WITH / WITHOUT MINOR CHILDREN —
Apart from the contestability of your divorce, the length of your divorce can also depend on a whether there are minor children involved in the divorce. If there are minor children involved, then there is typically a 6-month, minimum, statutory waiting period. The purpose of this waiting period is to allow the parents of the children to come up with a parenting time arrangement and custody agreement that will be in the minor children’s best interests. On the other hand, divorces that do not involve minor children can be completed much faster. It is possible for these divorces to be completed in as little as sixty days. While this is the typical trend, it is important to note that there are also divorces without minor children that take a lot of time, especially if it was a long marriage that involves a lot of property and assets.
THE LENGTH OF THE MARRIAGE —
Another factor that can go into the length of your divorce is the length of your marriage. The longer the marriage is, the more likely there is to be more factors that will be disputed during the divorce. For example, if only one of the parties worked during a 20-year marriage and the other party stayed home to raise the kids, it could take some time to resolve spousal support and property division.
THE PROPERTY, ASSETS AND LIABILITIES INVOLVED —
Another factor that can go into the length of your divorce is closely related to the above factor and that is the amount and types of property and assets that your marriage involves. The more property and assets involved in a marriage, the longer it could take to resolve the divorce. Similarly, the more liabilities and debts involved in a marriage, the longer it could take to divide those up and resolve the divorce. If you and your partner are amicable going into the divorce, it may be a good idea to have a conversation before the divorce commences where you discuss what you would each like to happen to each asset and liability. This way, it puts the power in your hands when it comes to determining the distribution of your property and assets.
While there is no simple answer to how long your divorce will take, there are different factors that can impact the length of your divorce. An experienced family law attorney at Hakim, Toma, & Yaldoo, P.C., can help you to make the process efficient and help to avoid mistakes and prevent delays.