Ending a marriage is never an easy process, emotionally, financially, or logistically. To make this process as simple as possible, however, some couples opt to go down the route of an uncontested divorce under the Consent Judgment Law for divorce.
If you and your spouse want to take an amicable path to dissolve your marriage, reach out to me today to schedule a free consultation. I am an experienced family law and divorce attorney located in Grosse Pointe Farms, Michigan. I will help you assess your marital relationship to determine whether an uncontested divorce is appropriate for you.
When filing for divorce and hiring an attorney, you want to make sure you are choosing the right path for your specific situation. Here are the basics for an uncontested divorce, and how to decide if it is the right choice for you:
Traditional divorces require numerous court appearances, motions for court intervention to decide issues the parties cannot agree on, and constant back-and-forth between attorneys to negotiate things like child support, tax deductions & exemptions, alimony, and property division.
If you and your spouse have a general agreement about the key terms of your divorce and are able to discuss them with each other to reach a consent agreement without involving the court, then an uncontested divorce is for you.
To divorce under the Consent Judgment Law, you and your spouse hire a lawyer whose job it is to inform you both about divorce law and what issues you must decide to satisfy the law, to prepare all necessary documents and to file your divorce with the court. The lawyer does not represent either you or your spouse and is there only to provide information and to prepare the paperwork. The lawyer cannot provide legal advice to you or your spouse and all communication with the lawyer must include both you and your spouse. These rules preserve the integrity of divorce under the Consent Judgment Law and assure that neither party has an advantage over the other.
Michigan is a no-fault divorce state. This means that it is not necessary to assign fault to either you or your spouse in order to get divorced. In other words, neither you nor your spouse has to prove that the other did something wrong as a cause for your divorce. The law allows you to divorce if you want to divorce.
A consent or uncontested divorce eases the stress on you, your spouse, and children surrounding the life changes that come with divorce. When you are able to cooperate and work together toward your resolution, you and your family will feel more at peace with divorce.
The details of your marriage do not become public. When you and your spouse are amicable and can negotiate your settlement, there will not be a need for motions to the court to decide issues that you are arguing over. This means that your “dirty laundry” doesn’t become part of the public record.
You will only have to appear before the court once. When you divorce under the consent divorce law, nothing will be filed with the court until you have reached an agreement. Once an agreement to the terms of your divorce is reached and supporting required documents are completed, your case will be filed. The court will set a date for your settlement conference where you will go on the record to enter your divorce judgment with the court after the waiting period to get divorced has passed.
It saves you money and stress. “Ugly” divorces are financially (and emotionally) draining. The cost of multiple court appearances and drafting motions to request court intervention adds up quickly. Uncontested divorces can typically be had for a flat fee because your lawyer knows the time involved and so is able to set a cost instead of charging on an hourly basis.
An uncontested divorce is rarely the wrong decision for couples who are fair-minded and want to divorce in a way that leaves each of them in the best position possible to begin life on their own.
If there is a history of domestic violence in your marital relationship, an uncontested divorce may not be appropriate due to the unbalanced power dynamic that can leave you or your spouse vulnerable to coercion as you negotiate a settlement in your divorce. If this is the case, I can guide you through the traditional divorce process, protect your interests, and make sure that you receive a fair settlement.
No two divorces are the same, and I recognize that my clients have individual stories and issues to address in the divorce process. If an uncontested divorce is what you want, I will carefully work with you to ensure you are informed and comfortable about the uncontested divorce process. If you’d like to talk about whether an uncontested divorce is the right choice for you, call my office today to schedule a free telephone consultation.
As a family law and divorce attorney, I have dedicated my practice to helping individuals, couples, and families find amicable solutions to their legal matters. If you’re looking for a divorce without the headaches, unnecessary meetings, or endless invoices, contact my office today to schedule a free telephone consultation. During this meeting, we will go over your case and see if an uncontested divorce is an option for you.