Your wedding day is probably one of the most memorable events in your life. While no one plans for divorce, it does happen. Unfortunately, there is less information available about divorce than there is about planning a perfect wedding. Keep in mind that the processes for divorce in each state are different. But generally, here is an insight into what you may experience.
Before starting the actual divorce proceedings, remember that your divorce may take a long time to finish.
Expect It to Take Time
Typically, you can do most things these days with a click of a button. However, divorce is more challenging. In some states, you may be able to get a divorce in as little as a month. Depending on the complexity of your divorce, it could carry on for upwards of six months to a year. So, whether you are a petitioner or a respondent to divorce, know that the proceedings may take a long time to complete.
One Spouse Serves Papers
Usually, divorce proceedings begin when one spouse has divorce papers served on the other spouse. The one issuing the divorce papers becomes the petitioner, while the one who reacts to the paperwork is the respondent. After a petitioner issues divorce papers, two types of divorce can occur.
Uncontested Divorce
An uncontested divorce is relatively easier than a contested divorce. For example, if you serve your spouse with divorce papers and they fail to respond, you can be granted your divorce without any issues. Likewise, if all parties agree to the terms of the divorce, this is also an uncontested divorce.
Contested Divorce
In most divorce cases, you will likely experience a contested divorce. This is when you or your spouse gets divorce papers served, and the spouse, on receiving it contests the divorce. This is where the proceedings tend to get much more complicated. What follows is the divorce proceedings for those dealing with a contested divorce.
Divorce Court Orders
Since it may take some time for your divorce to finish, you may still need to cooperate with your spouse on certain matters until the divorce is final. These issues include child support, parenting plans, home ownership of the family home, and more. Therefore, the judge will issue temporary orders until making the final ruling once the divorce draws to a close.
The Response
Once court orders are in place, a respondent will have a chance to respond to the summons or petition presented. At this stage, you may also experience “the discovery,” where you and your attorney gather information to finalize the divorce. This discovery may be informal in cases where the spouses are on mutual terms. It may just involve exchanges of paperwork and info between both parties. However, in a divorce that isn’t mutual, this could take a long time as depositions, and other formal proceedings take place under oath.
Settling Your Case
After all the facts and documents are in, you will settle your case. This will involve either mediation between both parties or a trial.
Mediation or Arbitration
One way to settle your case is through mediation or arbitration. Both of these means are a way to settle your divorce without going to trial. These third-party representatives try to seek a mutual outcome for both parties involved. Working with such representatives can help minimize time spent going to trial and help get the divorce finalized as quickly as possible.
Trial
If you can’t work out your differences using a mediator or arbitrator, your case must go to trial. This will involve going before a judge to present matters. At this stage in the divorce, mediation or arbitration is no longer an option. Instead, once all evidence is in, a judge will make a ruling that the divorcing couple must follow.
The Judge’s Order
Once a judge makes an order, it is final, and there is no room for negotiation. Both parties may not be happy with the outcome, but they must abide by it. The judge will provide a final divorce decree in which both parties must abide by custody rulings, child support, spousal support, and other critical outstanding issues. Although the decree is final, either party can file a motion to appeal and request a new divorce hearing.
Hire an Experienced Divorce Attorney
Divorce can be a difficult time for all parties involved, especially children. Our divorce and family law office knows that there are many complicated matters related to divorce and family law that our clients need help with, including issues such as child custody, spousal support, prenuptials, and more. Our focus a positive outcome for everyone involved. Call Tower Karson Law in Livonia today to learn more about divorce proceedings in Michigan and schedule your consultation.