Whether they are worried about the effect of divorce on their children, or trying to plan a wedding date, one question many people ask their Michigan family law attorney is “how long will my divorce take.” The answer depends on everything from your family unit to how well you and your spouse get along. Here is what you can expect, and what you can do to get divorced faster.
What is the Fastest I Can Get Divorced in Michigan?
Under Michigan law, there is a mandatory 60 day waiting period from the date the Complaint or Petition for Divorce is filed until a Judgment of Divorce can be entered. That means even if you and your spouse agree on everything before even talking to a lawyer, you will still need to wait at least two months before the Judge can enter a judgment.
The same statute says that when children are involved, the waiting period is extended to 180 days (6 months). However, unlike the 60-day limit, the statute allows Michigan courts to accelerate the 180 day waiting period for “unusual hardship or compelling necessity.” Some judges are willing to find that the delay itself could hurt the children and accelerate the case based solely on that. Other judges will require more, such as demonstrating that the children need to be enrolled in school at the custodial parent's home or need the payment of child support to start more quickly. Talk to your Michigan family law attorney to find out what your judge will require to let you get divorced as fast as possible.
How Long Do Most Divorces Take?
The minimum waiting periods generally only apply to uncontested divorces or cases that are resolved quickly through negotiated settlement agreements. More often, divorce can take six months to a year, with some high-conflict cases involving children taking even longer. Things that can slow down the divorce process include:
- Refusal to disclose financial information and other discovery
- Business valuations
- Home appraisals
- Extensive mediation
- Friend of the Court evaluations for custody, parenting time, or child support
- Psychological or parenting evaluations
- Court adjournments
When cases start to take too long, judges may pressure the parties to either settle or prepare for trial, so it is a good idea to be proactive and ensure you have everything you need before you get to that point.
What Can I Do to Speed Up My Divorce Case?
There are many reasons why you might need your divorce case resolved quickly, including:
- A desire to get remarried
- Concerns about your spouse's financial behavior
- End of the year tax consequences (such as whether you file jointly with your spouse or who claims dependents)
- Ongoing conflict hurting your mental health or your children
- Domestic violence and its ongoing effects
While some delays are outside of your control (including court schedules and Friend of the Court processes), there are things you can do to speed up your divorce case.
Minimize Conflict With Your Spouse
The single best way to speed up reaching a divorce settlement is to commit to keeping conflict low. You and your spouse both know your marriage is over. Committing to working through things amicably, and relying on attorneys and joint experts, can do a lot to speed you on your way to a successful resolution. You can even negotiate a settlement before you file for divorce. If you do, you and your spouse can file a petition for an uncontested divorce, which will cut down the procedural requirements and get your case resolved faster.
Focus on Your Top Priorities
One mistake many people make when getting divorced is trying to fight over every little thing, from parenting time pick-up locations to personal items not even worth an hour of attorney time. While some of these details can be important (you don't want to set a parenting time schedule you can't practically meet), if you try to spread the focus out too much it will slow everything down. Your attorney only has so much time to commit to your case, and judges generally don't want to handle big motions that ask for too many things at once. If you want to speed up your divorce case, think about what you can stand to let go. By focusing on your top priorities, you can resolve your case faster and be more likely to get the outcome you want.
Get Financial Information Yourself
Discovery documents like subpoenas and interrogatories are powerful tools to get information about your spouse's financial situation, income, and assets. But often, both spouses have access to that information as joint account holders, or authorizations. Every time a discovery document is issued, the person it is sent to has weeks to complete the request. Waiting for responses can slow everything down, making it harder to reach a fair settlement. By getting all your family's financial information early (even before you file for divorce), you can speed up the discovery process and get your case resolved more quickly.
Comply with Court Orders
Another mistake that many parties make is they believe that if they just do what they think is best, the Court will eventually agree with them. But if your spouse believes you are in violation of court orders, he or she can file enforcement motions against you. These will slow down your divorce and could, over time, turn the judge against you. If you want the case resolved quicker, you should prioritize doing what the Court says and meeting your own deadlines.
Get Help Getting a Divorce from a Michigan Family Lawyer
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you get a divorce quickly while still protecting your rights. Call us at 248-651-4114 or contact us here to speak to an attorney.
