An uncontested divorce is a quicker, less expensive, and more amicable way for couples in Metro Detroit to end a marriage. A common misconception is that hiring an attorney is not necessary, but having skilled legal representation is the best way to protect your rights and interests. That’s where The Nunley Law Group steps in.
As a leading matrimonial and family law practice in St. Clair Shores, we regularly advise clients throughout Metro Detroit. You can depend on us to provide trustworthy advice and counsel and handle your divorce case expediently so you can move on peacefully. Contact us today to learn how we can help.
What You Need to Know About Uncontested Divorce in Michigan
An uncontested divorce is a divorce in which the parties mutually agree on the key issues. The attorneys for both parties present their agreement to the court, and the court does not intervene in any way. There are two types – default and consent divorce:
A default divorce occurs when one spouse files a complaint and the other spouse does not respond. By not responding, the non-filing spouse gives up their rights, and a default judgment is entered. The filing spouse can then pursue a default judgment under favorable terms. However, ignoring a petition for divorce is never in one’s best interest.
A consent divorce involves both spouses coming to an agreement on all the terms of their divorce, including issues like the division of marital property, spousal support, child custody and parenting time, and child support. This negotiation can take place either informally or through mediation, where a neutral mediator helps the spouses come to an agreement. Importantly, the court will only approve the agreement if it is deemed fair and reasonable for both parties involved.
Other Requirements for an Uncontested Divorce
To obtain an uncontested divorce, the court must find there are grounds for dissolving the marriage. Michigan is a no-fault state, meaning that the grounds for the divorce are simply that the marital relationship has irretrievably broken down and there is no chance of reconciliation.
There are also residency requirements that must be met. Specifically, the individual seeking a divorce must have been a Michigan resident for at least 180 days prior to filing, and at least one spouse must have resided in the county where the divorce is being filed for a minimum of 10 days.
The Benefits of Uncontested Divorce in Metro Detroit
An uncontested divorce offers a number of advantages over a litigated divorce. First, the process is less confrontational, less time-consuming, and less costly. Litigation can be expensive, involving court appearances, filings, phone calls, correspondence, and legal fees. By avoiding the discovery process, the parties can save money. An uncontested divorce is particularly beneficial for families with minor children. When parents work together during and after the divorce, children may experience less emotional trauma.
In short, an uncontested divorce allows both parties to move on with their lives quickly and efficiently, without any bitterness or resentment. For this to happen, they must be willing to cooperate and negotiate in good faith.
How Our Firm Can Help
As a seasoned divorce attorney, Royce A. Nunley works to help clients resolve the relevant issues, including:
- Division of property
- Spousal support
- Child custody
- Child support
Division of Property
Michigan is an equitable distribution state, meaning that all marital assets and debts must be divided fairly, but not necessarily equally. You can trust our St. Clair Shores uncontested divorce attorney to find creative solutions and protect your property rights
Spousal support need not be a bitterly contested issue in an uncontested divorce as long as the parties can mutually agree. Generally, there are two types of support – temporary and permanent. Our attorney will help you explore all your options and safeguard your finances.
The parties must reach an agreement on custody and parenting plan before the court will grant an uncontested divorce. Trust The Nunley Law Group to facilitate the negotiation process and help you reach a child custody agreement that meets court approval in your uncontested divorce.
Our uncontested divorce attorney is well-versed in Michigan’s child support guidelines and will work with you to ensure that your children’s financial needs are met.
Talk To A St. Clair Shores Uncontested Divorce Attorney Today!
A marital breakup is never easy, but an uncontested divorce is an amicable way to move on to the next chapter in your life. Let The Nunley Law Group show you the way. Contact us today to book a confidential consultation.