Oakland County Uncontested Divorce Lawyer
When issues are complex or hotly disputed, a divorce can take a year or more to come to a conclusion. On the other hand, if you and your spouse can agree in advance on all the terms in your divorce, a divorce in Michigan can be completed in as little as 60 days from the filing of the petition. See below for more on uncontested divorce, and contact the Oakland County uncontested divorce lawyers at Clarkston Legal for a free consultation.
What does “uncontested divorce” mean?
When a divorce is uncontested, this means more than just that both parties want a divorce and agree that the marriage is irretrievably broken; an uncontested divorce means that both spouses are in total agreement on how to handle all the issues applicable to their divorce. These issues include:
- Property Division – The parties agree on how to divide all marital property.
- Spousal Support – Either neither party is seeking alimony, or the parties are in agreement about the amount and duration of alimony to be paid.
- Child Custody – The parties agree on which parent will have custody of the children or how custody will be shared between them, including all aspects of parenting time and custodial exchanges, as well as how decisions regarding the children’s upbringing will be made.
- Child Support – The parties are in agreement regarding the amount of child support to be paid.
If all of these matters are truly uncontested, the spouses should be able to create a settlement agreement reflecting their understanding, including a custody arrangement and parenting schedule, if applicable. The court will hold a final hearing, known in Michigan as a pro confesso hearing, at least 60 days after filing the divorce complaint, or 180 days if there are children or the wife is pregnant (although the judge can waive the 180-day waiting period if it’s shown to be in the best interests of the children to do so). At this final hearing, the judge may ask questions of each party and review the settlement agreement. If the judge approves of the agreement, a consent order is entered granting the divorce.
Without legal help, an uncontested divorce can turn contested
An uncontested divorce saves the time, money and stress often associated with a contested divorce. However, this does not mean that couples should attempt an uncontested divorce without legal help. Working out a property settlement agreement or a child custody schedule and parenting plan requires getting into very specific details. Spouses who start out in general agreement on “the big picture” quickly find themselves getting bogged down in the details, and disagreements soon arise. If not handled correctly, an uncontested divorce can turn contested, and spouses may find themselves worse off than had they not just filed a contested divorce to begin with.
The compassionate divorce lawyers at Clarkson Legal use their skill and experience to keep your uncontested divorce on track. We’ll work with you to create a comprehensive, practical marital settlement agreement that meets your needs, that will be accepted by the court, and that will be valid, enforceable and workable in the future.
Clarkston Legal is Here to Help You Divorce in the Way that Meets Your Needs
If an uncontested divorce simply isn’t in the cards for you, remember that just because a divorce is contested, it doesn’t have to be a fight. Our skilled Oakland County family law attorneys can help you obtain your divorce smoothly and successfully with emotions in check and family relationships intact, whether through an uncontested divorce, divorce mediation or a contested divorce in court. In Clarkston, Waterford and throughout North Oakland County, call Clarkston Legal at 248-886-6600 for a free consultation regarding how to proceed with your Michigan divorce.