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Michigan Divorce FAQs

January 11, 2022 John Engman & Associates

Michigan Divorce FAQs

FAQ Michigan DivorceDeciding on divorce is not a quick and easy decision. There is a lot involved, and it can be heartwrenching for everyone involved. If you have tried everything and simply cannot come to the point of reconciliation, divorce is an option many people choose. Divorce is something that none of us ever hope to come to, but when you are looking at your options, it is clear what needs to be done. Here at John Engman and Associates, P.C., we specialize in helping people through some of the toughest times in their lives. However, we understand that you have questions, and if you have never gone through a divorce in the past, you may be confused about how everything works. That’s why we offer our Michigan Divorce FAQ page to go over some of this for you.  Keep in mind that we have more posts regarding things such as Michigan Custody Laws and other factors around child custody too.

How Long Does It Take to Get Divorced in Michigan?

The length of time can depend on many factors. However, if there are no children involved and very little arguing on how to separate things, you could be divorced in as little as 60 days. This, of course, is on a case-by-case basis. If you have children, there is a 6 month waiting period before a divorce can be final. This is even if you agree on everything.  

Are there residency requirements to file for divorce?

In Michigan, you have to be a resident of Michigan for at least 180 days and in the county for 10 days. This is different if you are in danger of having your children taken out of the country by a spouse from a foreign country.

What Are the Grounds for Divorce in Michigan?

You are in luck as Michigan is a no-fault state. The courts will grant a divorce for just saying that there is a breakdown in the marriage. It doesn’t matter who did what to whom. However, fault will play a role in getting custody, property rights, and spousal support. Be sure that you speak with your attorney truthfully so that there are not any surprises down the road. If you have caused the fault of the breakdown, your attorney needs to know.

What if My Spouse Lives in Another State?

In Michigan, you can still get a divorce. However, more time is given for the other party to respond to things. This is called a “long-arm” statute that allows those in Michigan to divorce others living in another state.

Is There a Trial in Every Case?

No, you don’t actually have to have a trial for your divorce case. You simply need to come to agreements outside of the court. You will save a lot in court costs and attorney fees when settling out of court. It is in your best interest to file out of court as much as you possibly can. You typically do not want to have a judge determine how things are divided in court, as that judge doesn’t know anything about you. A third party making such important decisions cause a horrible outcome.  

Do I Have a Right to a Jury Trial?

No. This is a family court, where there are no jury trials. You simply have the judge that decides on the cases.  

Do I Need a Lawyer to Get a Divorce in Michigan?

You don’t need an attorney to file a divorce. There are situations that an attorney wouldn’t make much sense. If you have minimal belongings and property to divide up and don’t have any children, then a Grand Rapids Divorce Attorney is probably not someone you will need to contact. However, if you have children and own a home and have various assets, it certainly is in your best interest to find the right Grand Rapids Lawyer to assist you with your case. Even if you agree with everything, you should have an attorney look it over to ensure that you do what is in your best interest.  When you are looking to file a child custody case, you should research how to file your child custody case in Grand Rapids, MI.  

 

At John Engman & Associates, P.C., our Michigan divorce attorneys will do everything in their power to help you through this difficult time To request a consultation with one of our Grand Rapids, MI drug lawyers, give our office a call at (616) 454-5222.