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Filing for divorce is a tough decision, especially if you have children.  No-one really wants to file for divorce during the holiday season, however, if you want to get divorced by summer in Michigan, you should consult with a family law attorney shortly after the start of the new year.

Why Should I File Now If I Want To Be Divorced By Summer?

The divorce process is designed by the Michigan legislature to be an intentionally slow process because public policy is in favor of marriage and maintaining the marital status of the citizens.  First, in any divorce case there is at least a sixty-day waiting period between the time you file for divorce and the time that the judge can grant a divorce.  This is mandatory, so no matter how simple your case may be, it will still take at least 60 to 90 days to finish.  In addition, if you have children, then there will be a six-month waiting period between filing and the time the judge can finalize the divorce.  However, the judge can waive that waiting period for "good cause shown".

In addition, the process itself is built into stages.  First, there is the filing of pleadings, the Complaint for Divorce must be filed, then properly served and the Defendant must file an Answer to the Complaint for Divorce which typically takes at least a month to get done.  Once that is done, then there is the "discovery phase" where the parties are able to discover information from the other side about anything relevant to the divorce.  At the very least during this stage, the relevant statute requires that once the Defendant files the Answer to the Complaint for Divorce, then the parties must exchange Domestic Relations Verified Information Forms with one another.  These are forms that include questions about income, earnings, accounts, credit cards and other similar financial issues and it requires each party to attach some documentation regarding these accounts.  After these are completed and exchanged, additional information may be required and the attorneys may send out interrogatories, demands for production of documents, subpoenas to employers or to financial institutions or schedule depositions, among other things.  This is all before the attorneys can even start negotiations, then there is the mediation stage and potentially a trial stage.

The above does not even take into account the human side of the process.  In some cases, the other spouse may not be ready emotionally or financially to face a divorce which can slow down the process.  People get busy, some people are lazy and this creates delays in the exchange of information and moving the case along.  It should be noted that unfortunately the process can be delayed by either party dragging their feet and there is little that can be done to combat this because the process is designed to be slow, deliberate and discourage divorce.  All of this together means that most divorce cases in actuality take at least six months, sometimes more than a year and in outlying cases, years.

This article was written to broadly address the divorce process.  If you have questions about family law, the divorce process or a prenuptial agreement, you should contact us by clicking on this link or calling (248) 608-4123 to schedule a consultation to discuss your personal situation and potential outcomes.