Ann Arbor Uncontested Divorce Lawyers

What Is an Uncontested Divorce?

The state of Michigan allows couples to legally end their marriage in various ways. This includes via an uncontested divorce, where both spouses agree on all the terms that surround the end of their marriage.

This includes both spouses agreeing on:

• Who gets certain assets and who is responsible for debts
• Child support, custody, and parenting time (if there are children)
• Whether one spouse will receive spousal support (alimony)

Since everything is agreed upon ahead of time, there’s no need for lengthy negotiations, mediation, or litigation. Instead, the process focuses on paperwork, court filings, and a brief court appearance to finalize the divorce.

The Benefits of an Uncontested Divorce

As divorcing couples in Michigan weigh their options, many choose an uncontested divorce after learning of their many advantages. These include:

Cost

A major advantage of uncontested divorces in Michigan are their affordability, especially when compared with contested divorces that may involve drawn-out legal battles in courts.

Speed

Having to fight over the many aspects of a divorce takes a lot of time. So when couples can agree on these terms, it’s usually much faster.

Peace

Uncontested divorces don’t involve courtroom battles over sensitive issues like custody and property division. This means there’s often less stress and conflict for both parties.

Control

Couples in uncontested divorces get to decide on matters together, outside of a courtroom. This lets them stay in control of the outcome instead of leaving decisions to a judge.

Privacy

Since most of the work in an uncontested divorce happens outside of court, the only ones involved in these matters are the divorcing couple and their legal representation.

How Long Does an Uncontested Divorce Take?

Because both spouses already agree on the terms, the process typically moves much faster than a contested divorce.

That being said, there is no set time for an uncontested divorce.

Instead, factors like the number of assets, child & spousal support, and child custody matters, and the speed at which terms are agreed upon all affect the timeline of an uncontested divorce.

However, there are timelines imposed under Michigan law, which means all divorces must wait for a certain period after filing for divorce:

• For uncontested divorces without children, a 60-day waiting period is required after filing before the divorce can be finalized.
• Uncontested divorces that involve minor children are legally required to wait six months (though a judge may shorten this period in certain circumstances if it has been requested).

Uncontested lawyer attorney Wendy Alton knows how to expedite matters as much as legally possible. She provides trustworthy help in settling matters to help both spouses work together to quickly and fairly settle matters.

Do You Have to Go to Court for an Uncontested Divorce?

Even though uncontested divorces take a simplified approach in many respects, Michigan still requires either one or both spouses to attend a short court hearing (sometimes called a “pro confesso” hearing or final hearing).

However, this hearing is only to ensure that the basic legal requirements of the divorce are met.

During this hearing, the judge will:

• Confirm Michigan residency requirements are met, which includes that one spouse lived in Michigan for 180 days before filing and 10 days in the county of filing
• Verify that the marriage has broken down with no reasonable chance of preservation, which is another Michigan requirement to get a divorce
• Potentially review your settlement agreement’s legal compliance to ensure your agreements for property, custody, and child support satisfy the legal requirements

This court hearing is usually brief. In fact, it may only be 10–15 minutes. Additionally, it is far less intimidating than a trial, since it is only confirming that all matters are acceptable under Michigan law.

How to Prepare for an Uncontested Divorce in Michigan

Being well prepared for an uncontested divorce helps ensure key issues get resolved in a timely manner so that both spouses can quickly reach a resolution.

Uncontested divorce attorney Wendy Alton recommends taking these steps to prepare:

Gather financial documents

This includes organizing any document that will need to be considered when dividing finances, such as those that detail bank accounts, retirement accounts, debts, tax returns, and mortgages.

List assets and liabilities

When it comes time to divide property, having all assets and liabilities listed lets everyone involved understand the best way to divide assets and debts fairly, as laid out under Michigan law.

Agree on parenting arrangements

Be ready to present a clear parenting time schedule that meets Michigan law’s requirement of prioritizing the child’s best interests.

Decide on child and spousal support terms

Matters affecting child and spousal support arrangements should be clearly defined and stated, even if the decision is that no support will be needed.

Work with an attorney

To ensure the agreement is legally acceptable, binding, and enforceable, it’s best to work with an attorney. Uncontested Divorce Attorney Wendy Alton has decades of experience helping Washtenaw County residents successfully manage each step of the uncontested divorce process.

The Uncontested Divorce Process in Michigan

The uncontested divorce process in Michigan involves these general steps:

1. Drafting the settlement agreement

The couple will need to create a settlement agreement, often under the direction of the lawyer. This outlines all the agreed-upon terms regarding property, assets, custody, support, and debts.

2. Joint Petition for Divorce.

The couple files a joint petition for divorce, indicating that the divorce has been settled and they only need a hearing date to finalize the divorce.

3. Waiting period

Michigan’s statutory waiting period applies, which is 60 days with no children and six months with children (although the six-month waiting period can be waived if requested).

4. Final court hearing

If a joint petition was filed, both spouses need to attend a brief court hearing where the judge hears the brief testimony required to grant the divorce and then signs the final paperwork that was presented.

5. Divorce Finalized

Once signed, the divorce is official. Both couples receive copies of the final orders for their records.

Why Work With an Attorney for an Uncontested Divorce?

Some couples attempt to file an uncontested divorce on their own, but this often leads to problems and stress.

For example, mistakes in paperwork can lead to having to wait additional months or even years. In other cases, unclear agreements can cause major problems later.

Ann Arbor Uncontested Divorce Attorney Wendy Alton helps avoid these and other problems.

When hired by one spouse to assist, she can:

• Help with the settlement agreement in any way needed. This includes drafting it, reviewing it, and revising it to include your choices.
• Ensure everything fully complies with Michigan statutes, from custody matters to property division.
• Provide guidance throughout the entire process, from the initial court filing to the final court hearing.

Your Uncontested Divorce Questions Answered

Having practiced law for over 20 years, Uncontested Divorce Attorney Wendy Alton knows these matters inside and out. Additionally, she brings empathy and understanding to each client, knowing how personally these situations affect you and your loved ones.

So whether you need answers to your questions, help deciding how to get started, or a trustworthy advocate to represent you through the entire agreement process, choose Wendy Alton to handle your uncontested divorce.

Contact Our Uncontested Divorce Lawyers Today

Get started today by calling uncontested divorce lawyer Wendy Alton at 734-673-3567 or fill out our online form. Wendy is ready to help you get started, navigate the process, and ensure you get the outcome that is best for your family.