Divorce can be a challenging and emotionally charged experience. Fortunately, Michigan offers a pathway for couples who are in agreement to navigate this process more efficiently through a joint divorce process.
If you and your spouse in Grand Rapids, or anywhere in West Michigan, have reached a mutual understanding on key aspects of your separation, or you are confident you can arrive at one, a joint divorce could be a smoother, less contentious, and less expensive route. Here is what you can expect from a joint divorce in Michigan:
What is a Joint Divorce in Michigan?
A joint divorce in Michigan is a proceeding authorized under Michigan Court Rule (MCR) 3.223 allowing both parties in a divorce to submit a proposed settlement agreement to the court before a traditional complaint for divorce is ever filed. This signifies a high level of cooperation and agreement between the spouses from the outset.
Key Benefits of Pursuing a Joint Divorce
- Reduce Conflict: By agreeing on terms beforehand, couples can minimize the adversarial nature often associated with traditional divorce proceedings.
- Faster Resolution: Because the major decisions are already made, after negotiating a resolution the legal process can be significantly expedited, saving time and emotional energy.
- Lower Costs: Less court involvement and attorney time can translate to reduced legal fees.
- Increased Control: Both parties have a greater say in shaping the terms of their divorce agreement.
- Privacy: Less public court hearings and filings can offer a more private resolution.
Potential Downside of Pursuing a Joint Divorce
In Michigan, either party can back out of a joint divorce at any time prior to the entry of their final judgment of divorce. If they do, you will likely have to begin the traditional divorce process, representing the potential loss of time, energy, and resources to unsuccessful negotiations. It is important for couples considering a joint divorce in Michigan to carefully consider whether or not they will truly be able to reach a comprehensive agreement with their spouse before pursuing this process.
Requirements for a Joint Divorce
To pursue a joint divorce in Michigan, several specific requirements must be met. The first and most crucial step is for you and your spouse to have open and honest communication to reach a complete agreement on all divorce-related issues. Seeking legal counsel individually during this stage is highly recommended to understand your rights and obligations.
Once an agreement is reached, it must be carefully drafted into a proposed Consent Judgment of Divorce. Attorneys for each party typically handle this to ensure clarity and legal sufficiency. This comprehensive agreement must address all aspects of the divorce including division of marital property, spousal support, child custody, parenting time schedule, child support, and any concerns specific to your unique circumstances. A joint divorce can involve minor children, but the parties must have a complete written agreement addressing all aspects of their care, custody, and support that comports with the minor children’s best interests.
Both parties must jointly file the proposed Consent Judgment of Divorce and a petition for entry. This signifies their mutual consent to the terms. There is a statutory waiting period – 60 days from the date of filing, or 180 days if there are minor children involved. However, the Court has discretion to waive the statutory waiting period beyond the first 60 days, if such a request is filed with the joint petition. This can significantly expedite the finalization of the divorce.
The court will review the documents. Even with a joint agreement, the court retains the authority to review the proposed Consent Judgment of Divorce to ensure it is equitable and in the best interests of any minor children involved. The judge may ask questions or require modifications before approving the agreement.
Is a Joint Divorce Right for You?
A joint divorce can be an excellent option if you and your spouse:
- Are in complete agreement on all aspects of your separation.
- Desire a less adversarial and more private process.
- Want to expedite the finalization of your divorce.
- Are committed to working cooperatively.
However, it’s crucial to remember that even in a joint divorce, seeking independent legal advice is highly recommended to ensure your rights are protected and you fully understand the terms of the agreement.
If you are in West Michigan and believe a joint divorce might be the right path for you and your spouse, contact the experienced Grand Rapids divorce attorneys at Curcio Law to discuss your options and guide you through the process.
Contact us today to schedule your free consultation:
Curcio Law, PLLC
625 Kenmoor Ave SE Ste 301
Grand Rapids, MI 49546
(616) 226-1861
jcurcio@curciolawmi.com
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