Get Answers To Common Questions About Family Law Topics In Michigan
A large part of what attorney Anne E. Lewis does for clients is answer questions. If she is your lawyer, she will personalize her responses to questions such as those below.
How do you file for divorce?
Typically, one spouse files a complaint with the court and the other spouse has to respond. If they do not respond, the divorce may be issued as a default judgment.
How long does it take to finalize a divorce?
There is a mandatory 60-day waiting period for any divorce. After that, the process typically takes 6 to 9 months.
Is Michigan a no-fault divorce state?
Every state is a no-fault divorce state. There are no states in which a spouse has to prove that the other did something wrong. That is, a spouse anywhere in the U.S. can get a no-fault divorce even if the other spouse disagrees. Either of you can testify that, “there has been a breakdown of the marriage relationship… no reasonable likelihood that the marriage can be preserved,” and with this declaration, a divorce process can begin.
Who pays for legal fees in a Michigan divorce?
Generally, each spouse pays their own lawyer. The spouse who files for divorce pays the court filing fees. However, some couples agree to different terms through their property division, spousal support and child custody negotiations. For example, the higher-earning spouse may be expected to pay court filing fees and part or all of the less affluent spouse’s attorney fees.
What is the difference between a contested and uncontested divorce?
A contested divorce is one in which there are one or more points of disagreement, such as whether one spouse will pay spousal support to the other. In a truly uncontested divorce, the spouses agree on everything without exception, and both will sign the “petition and request” for a consent order. The legal process is known as a summary proceeding for entry of consent judgment. Even though this is a relatively simple way to get a divorce, it is still highly recommended that you and your spouse each consult with an attorney before proceeding.