One of the most common questions divorcing couples ask is, “How long will it take?” The answer depends on how litigious the parties are. The more issues they can agree upon between them means the less time they spend in court and the quicker their divorce can become final. There are some statutory requirements that must be followed.
Divorce Requirements
Michigan law establishes waiting periods depending on the individual circumstances.
- There is a two-month waiting period after the filing of the divorce petition for a couple who has no children.
- There is a six-month waiting period after the filing of the divorce petition for a couple who has children.
A final divorce decree cannot be entered earlier than these established times. Divorces generally take a lot more time when the parties cannot agree and court hearings are required for a judge to step in and make the decisions for them. The only way divorce can really be final within these time frames is if the parties can agree on every issue.
The More the You Can Agree the Quicker the Divorce.
When couples cannot agree on issues like how to divide the assets, child custody and visitation, child support, and spousal support, the longer the divorce will take. Especially now with COVID-19 creating a backlog in court dates in most Michigan counties.
Finding common grounds on the these and other issues will mean getting to a final divorce settlement quicker. This burden also falls on the attorneys who need to do what they can to encourage amicable agreements instead of dragging out the case with unnecessary litigation.
If the couple can set aside their emotions and treat the decisions like business decisions, the case can proceed faster to a final settlement.
Attorneys at Schmitt Law, PLLC, Can Help
Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce settlements so they can move forward with their life. Contact Laurie to schedule a consultation. You can discuss how long to expect your divorce to take and to understand how she can help you in your unique circumstance.
