[MI] [MI] What is the process for an amicable divorce with minor children?
This is an amicable divorce. We aren't using any attorneys and have agreed to everything. When I file this with the court, is there any other documents I will need to send with it? I know I need to make a few copies but will the court issue the judgment of divorce after this or do I have to file something else?
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Got it, the reason I was asking is because custody and support is a condition of granting a divorce if minor children are involved. That is something that cannot be bypassed or set aside, and if you already have all that prepared, that is good as this can delay the process. Unlike in a default divorce without children, the courts have to take two additional steps before divorce is granted, namely the courts wait an additional 6 months before divorce can be finalized (this can be waived to 60 days if the court finds that a divorce quicker is in the best interest of the children, but that is uncommon) and the court has to have a hearing to ensure that the children's best interest is covered by possibly compelling you both to attend parenting classes. This is not always the case, and even in a situation where the paperwork is all filled out and provided, a judge can step in and confirm fitness.
Once the Complaint for Divorce is served upon the spouse, he or she has 21 days to file an Answer with the court. After that point, a judge can evaluate the terms and has to find that the split is seen as “fair and equitable”. Depending on where you are in Michigan, in some counties there is an appearance by a “Friend of The Court” on behalf of the children, which is scheduled about 56 days after the complaint is formally filed--I am glad that you are waiving it but a judge can still potentially enforce it at the judicial request. Then if the parties agree and discovery is waived, a dissolution agreement can be drafted which a judge can review and can sign to confirm the dissolution.
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This is an amicable divorce. We aren't using any attorneys and have agreed to everything. When I file this with the court, is there any other documents I will need to send with it? I know I need to make a few copies but will the court issue the judgment of divorce after this or do I have to file something else?
Lexi, Chatbot
It's great to hear that you and your spouse are handling your divorce amicably. Have you already completed a formal written agreement outlining the terms of your divorce?
Yes
Lexi, Chatbot
Have you and your spouse both signed the agreement in front of a notary public?
Not yet. We will this week.
Isaac
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your divorce agreement.
Nope.
Isaac
Thank you for your question. Please permit me to assist you with your concerns. My name is Isaac and I am a licensed attorney that has been answering questions on AskaLawyer since May of 2009. I am happy to help with your concerns. Please allow me a moment to review your question and to compose a reply or ask you questions to best understand your unique situation. I am sorry that you find yourself in this situation. I will help as much as I can. One moment while I type up my response.
Isaac
I am glad to hear that you both as parties are agreeing to an amicable split. In what state are you pursuing this divorce, please?
Michigan
Isaac
And just to be clear, you are pursuing a divorce and you have no children between the two of you, correct?
We have already drafted a settlement agreement with the requirements. I just need to know if I need to submit anything else with it and will the court do the judgment of divorce or do we need to send that in as well? It seems redundant. We have 2 minor children and have agreed on all monetary amounts, child support and spousal support being higher than the guidelines.
We are waiving Friend of the Court services.
Isaac
Got it, the reason I was asking is because custody and support is a condition of granting a divorce if minor children are involved. That is something that cannot be bypassed or set aside, and if you already have all that prepared, that is good as this can delay the process. Unlike in a default divorce without children, the courts have to take two additional steps before divorce is granted, namely the courts wait an additional 6 months before divorce can be finalized (this can be waived to 60 days if the court finds that a divorce quicker is in the best interest of the children, but that is uncommon) and the court has to have a hearing to ensure that the children's best interest is covered by possibly compelling you both to attend parenting classes. This is not always the case, and even in a situation where the paperwork is all filled out and provided, a judge can step in and confirm fitness.
Once the Complaint for Divorce is served upon the spouse, he or she has 21 days to file an Answer with the court. After that point, a judge can evaluate the terms and has to find that the split is seen as “fair and equitable”. Depending on where you are in Michigan, in some counties there is an appearance by a “Friend of The Court” on behalf of the children, which is scheduled about 56 days after the complaint is formally filed--I am glad that you are waiving it but a judge can still potentially enforce it at the judicial request. Then if the parties agree and discovery is waived, a dissolution agreement can be drafted which a judge can review and can sign to confirm the dissolution.
Isaac
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