Family Law/Domestic Relations

Question:
I've been told that there are different “kinds” of divorce. Do I need to be concerned with which one I use?

Answer:
There are two different ways that divorce is considered—“uncontested” and “contested.”

An uncontested divorce occurs most frequently where the parties have a fairly short-term marriage, no children, and no joint property or debts to divide. This is the least expensive divorce, and the required wait time by law in this State is 60 days before the case can be finalized. This occurs also where the parties are able to agree regarding most or all matters re property and debt division.

A contested divorce occurs where there each side hires an attorney, and is making claims the other party does not agree with, typically involving minor children and related issues. Most cases settle through a variety of means designed to facilitate resolution of all such matters, including mediation, settlement conference and binding arbitration.

When a breakdown in a marital relationship occurs, and one or both of the spouses decides they want to end the marriage, they typically will seek qualified counsel, who will advise them that Michigan is a "No Fault Divorce Jurisdiction." This basically means that either party can terminate the marriage without cause or the fault of the other party. Simply put, if any party to a marriage wants out for any reason, the Judge assigned is obligated to grant a Judgment of Divorce.