Michigan is a no-fault divorce state. This means that a spouse does not have to provide grounds when filing for divorce. This is different than other states that allow spouses to file for divorce on the grounds of adultery, abuse, and other allegations. In Michigan, a spouse must only show that the marital relationship has broken down and there is little hope for reconciliation.
However, the fact that divorces are no-fault in Royal Oak does not mean they are easy. A divorce is still considered either contested or uncontested. The type of divorce you get will largely determine the cost and the length of the entire process.
Contested Divorces in Royal Oak
A contested divorce does not mean that one spouse contests, or challenges, the divorce. It only means that the spouses cannot agree on certain aspects of the divorce, such as division of property, child custody, child support, or other terms. Divorces that involve children are often contested divorces. Parenting time and decision-making for the child are typically emotional issues for both parents, making it difficult to come to an agreement.
Contested divorces are also common when one spouse asks for spousal support. The other party often does not want to pay and so, they cannot agree and the divorce becomes contested. Property division and the liquidation of assets can also quickly turn an uncontested divorce into one that is contested.
Contested divorces almost always take longer than uncontested divorces. This is because both parties must argue their case through litigation, which takes time. In the end, a judge will make the final decision on all terms. In most cases, this negatively impacts both parties, as neither walks away with everything they wanted.
Due to the fact that contested divorces are lengthier than uncontested divorces, they are also more costly. Court fees, attorney fees, and expenses related to the discovery phase and other aspects of the case all add up quickly in a contested divorce.
Uncontested Divorces in Royal Oak
An uncontested divorce in Royal Oak is a divorce in which the two spouses can agree to all the terms. In these cases, the couple will draft an agreement and present it to the judge. As long as the terms are fair for both parties, a judge is likely to approve the agreement and finalize the divorce.
Uncontested divorces are generally cheaper and faster than contested divorces. Due to the fact that the couple decides on the outcome, it is also often much more amicable and favorable to both parties.
Many couples believe that if they are going the route of an uncontested divorce, they do not need an attorney. This is not true. Even in an uncontested divorce, there are still complex legal documents that must be properly filed with the court. If they are not, it can have a negative impact on each spouse for a long time. Royal Oak divorce attorneys will understand how to do this, while it is often a challenge for those not familiar with the process.
Additionally, it is not uncommon for an uncontested divorce to become a contested divorce. An attorney can help prevent this from happening, helping both sides come to an amicable agreement and saving them time and money in the long run.
Call Our Michigan Divorce Attorneys Today
Divorce is a big decision, and divorce proceedings can be lengthy and challenging. If you are considering divorce, our Royal Oak divorce attorneys at Iafrate & Salassa, P.C. will make it as easy as possible for you. Family law is all we do, and we have the experience necessary to represent you and ensure your best interests are protected at all times. Call us or contact us online for your free consultation to learn more about how we can help with your case.