Just like marriages, no two divorces are exactly alike. This means that the length of time it takes for a divorce to be finalized will depend on several factors.
Many of the circumstances that influence how long it will take to get divorced are determined throughout the course of the marriage. Assets, debts, children, and the general conduct within the marriage by both spouses will all come into play during a divorce. It will also depend on the causes of the divorce and the spouses themselves.
How Long a Divorce Takes Depends On Whether It is Contested Or Uncontested
Divorces can be uncontested, meaning both parties agree that the marriage should come to an end. A contested divorce, however, is when one spouse wants a divorce and the other does not. When it comes to these two options, several other factors come into play.
Uncontested Divorces are Usually Finalized Quicker
Because both parties agree to the divorce and have come to terms on property division and child custody, then an uncontested divorce in Michigan can be over in as little as 3-6 months. This is true because of the mandatory waiting period that must be observed from the time the divorce complaint is filed. If there are no minor children, this waiting period is 60 days. If the couple has minor children, then the waiting period is extended to 180 days.
These waiting periods are designed to give the couple time to reconsider the decision and ensure all necessary arrangements are made for property division, child custody, support, and other important matters. It’s important to note that these waiting periods are the minimum times required; the actual duration can be longer if the divorce is contested or if the court’s schedule is busy.
A Contested Divorce Will Take a Little Longer to Be Finalized
When it comes to a contested divorce, it involves more steps, such as discovery, mediation, court hearings, and potentially a trial. Contested divorces can take anywhere from several months to a few years, depending on the complexity of the issues and the court’s schedule. While Michigan is a no-fault divorce state, divorces can be contested and property division, child custody and other matters can be argued, making a contested divorce a much longer process.
Can Mediation Make the Divorce Process Faster?
In some cases, couples can opt for divorce mediation. Divorce mediation is a process in which a neutral third-party mediator helps a divorcing couple negotiate and reach an agreement on various issues related to their divorce. The mediator’s role is to facilitate communication, encourage understanding, and assist the parties in exploring options to resolve their differences. Mediation is typically a less adversarial and more collaborative approach than going to court, and it aims to help the parties find mutually acceptable solutions to issues.
When a divorce is contested, mediation can help make the process smoother, so long as the couple can effectively cooperate in the mediation atmosphere. Otherwise, it can become as heated as a divorce trial.