If you are getting a divorce, you are likely envisioning a lengthy and bitter courtroom battle. Fortunately, many divorce cases never enter litigation but instead, are settled outside of court. Still, this does not necessarily mean that you will be granted a quick divorce. People going through divorce often want the process over with as soon as possible, to save themselves some stress and so they can move forward in their new life as soon as possible. Below are some tips to help ensure that your divorce is finalized quickly.
There is a Mandatory Waiting Period
No matter how badly you want your divorce case over, you must still wait out the waiting period dictated by Michigan law. If you and your spouse do not have any minor children, you must wait at least 60 days until your divorce is finalized. If you do have minor children with your spouse, you must wait at least six months before your divorce is finalized. These are the minimum waiting periods and you must comply with them, as in most cases, the court will not grant a divorce until the waiting period has expired.
Try for an Uncontested Divorce
By far, the fastest way to get a divorce is to get an uncontested divorce. In an uncontested divorce, you and your spouse must agree to all terms, including the division of property, child custody, and spousal support. If you and your spouse disagree on even one term of the divorce, you must get a contested divorce, which will take much longer, particularly if you disagree on several different terms.
Mediation is a process that involves you, your attorney, your spouse, their attorney, and a mediator. Mediators are neutral third parties who do not make any final decisions on your case, but who will help foster communication and compromise between you and your spouse so you can reach an agreement without the need for litigation. Many divorce cases only require a few mediation sessions before the divorce is settled. Once an agreement is reached, the mediator will submit the agreement to the court for approval.
Arbitration is similar to mediation, although it is not as commonly used. Arbitrators are also neutral third parties but they act much more like a judge than mediators. After hearing your case, the arbitrator will make final decisions on your case and those decisions are legally binding. Still, going through arbitration does not require any court hearings, which are often scheduled and can cause great delays in your divorce case.
Work With an Experienced Michigan Divorce Lawyer
An experienced Royal Oak divorce lawyer will understand the obstacles that may arise in your case, and how to avoid them. Experienced attorneys are also well-versed in the negotiation process and will know how to effectively and efficiently negotiate a fair settlement for you. If you are considering divorce, our attorneys at Iafrate & Salassa have the necessary experience to guide you through the process and reach a settlement quickly, while still ensuring that your rights are upheld. Call us today or contact us online to schedule a free consultation and to learn more about how we can help.