Wednesday, January 9, 2013

Is It Possible to Get a “Quickie” Divorce in Michigan?

There isn’t one divorcing person who hasn’t asked the question, “How long is my divorce actually going to take?” While the definition of a “quickie” divorce is all relative, there are only two types of divorces in Macomb County and the state of Michigan. That designation is what will determine the minimum amount of time it will take to complete your divorce.

Why Children Affect How Long a Divorce Takes

If your union produced children and you are now filing for dissolution of marriage, expect the process to last at least six months, or 180 days. For Michigan divorces that do not involve children, the minimum amount of time required to complete this divorce is 60 days.

The 60-Day Divorce Minimum

A 60-day divorce is the minimum for every couple in Michigan, regardless of your situation. There are no exceptions to this rule. Why do you have to wait? Why can’t you just settle the break-up of your marriage in a matter of a few days? Simply enough: The wait is imposed in case you change your mind about the divorce.

Plenty of couples have argued or reached an impasse in their marriage that has one of them deciding impulsively that a divorce is the only way to solve the problem. “Impulsively” is the key word. The 60-day wait ensures that there is no possibility for rash decisions, and it provides couples with a period of time to think about what it is they’re doing and if it is truly in the best interest of their family to go their separate ways.

Divorce = Paperwork

Don’t get your hopes up, however, about the prospect of a divorce being finalized in a mere two months if you do not have children. Divorce takes time, effort, and plenty of paperwork. There is tremendous documentation, discovery, complaints, counter-complaints, Friend of the Court recommendations, and more that needs to be filed. All of these proceedings could be started and completed in a matter of 60 days, but everything must be done correctly and accurately to make sure that a divorce is properly completed.

Every Divorce is Different

In general, a divorce involving children shouldn’t last longer than a year; a divorce without children shouldn’t take longer than six months. Ultimately, though, every divorce is its own unique animal with very specific issues and complications to overcome. Contact Femminineo Attorneys, PLLC in Macomb, Michigan, to schedule your free initial interview. Learn what steps you need to take to file for a divorce and how long you can expect your proceedings to take.

F. A.

Thursday, December 20, 2012

Getting Divorced? Don’t Let Your Spouse Leave Town



It was hard to miss one of the most dramatic entertainment-related stories of the summer: Katie Holmes files for divorce from Tom Cruise. The subtitle? Even though the couple’s main residence was in California, she filed for divorce in the state of New York, establishing residency there for the sole purpose of divorcing in a territory where she felt most comfortable and where she felt the courts would be on her side.

While it’s possible to speculate about the ins and outs of this famous divorce, the takeaway for anyone divorcing in Michigan is this: Jurisdiction matters.

What Does “Jurisdiction” Mean in Michigan Divorce?

In a Michigan divorce, the term “jurisdiction” refers to the court that will be hearing your divorce case. All divorce cases in Michigan are held in the circuit court of the county in which the person who has filed for divorce presently resides.

Seems pretty straightforward, right? Perhaps. But it’s important to know that there are two very crucial details that can affect how costly and inconvenient a divorce can be if jurisdiction gets in the way.

The Two Numbers You Need to Know in a Michigan Divorce

It’s necessary for a person to live in the state of Michigan for at least 180 daysbefore they can file for divorce. You must be established as a resident. This law was put into place to ban people from moving to Michigan from another state and filing after living here for only a few days.

The 10-day rule for county residency is also important – 10 days is how long you have to live in a Michigan county before you are permitted to file for divorce. This number may not seem significant, but it can actually be very impactful on a divorce case.

Consider this scenario: A couple lives in Macomb County. One person decides to go to Traverse City for a few days “to visit.” But what they’ve actually chosen to do is apply for residency and take all the steps related to it, including filing for a divorce as soon as those 10 days are up.

Just like Tom had to head to New York City for divorce proceedings to accommodate Katie’s filing in that state, if your spouse has set up residency in another county and files there, you will be required to travel to that county to try your divorce case. If you’re suspicious of your soon-to-be-ex-spouse’s “vacation” to another part of Michigan, it’s in your best interest to file for divorce before they do to avoid the time, money, and inconvenience of divorcing in another area of Michigan.

Fighting Jurisdiction in a Michigan Divorce

Divorce is never convenient, but it doesn’t have to be even more inconvenient because of jurisdiction. If your spouse has filed for divorce in another part of Michigan, further complicating the ending of your union and making it nearly impossible for you to juggle work, family, and other obligations while dealing with your divorce, contact Femminineo Attorneys, PLLC in Macomb, Michigan, to discuss your options.