What to Expect During the Divorce Process in Oakland County Courts
If you’re facing divorce, you probably have a million questions running through your mind.
What happens after someone files? How long will this take? Will you have to go to court? And what happens to your home, your finances, and your children?
Divorce is already an emotional life change, and trying to figure out the legal process at the same time can make everything feel even more overwhelming. Knowing what to expect during the divorce process in Oakland County courts can help take some of the mystery out of what comes next.
Starting the Divorce
A Michigan divorce starts when one spouse files a Complaint for Divorce with the court. However, before filing, you need to check the residency requirements.
At least one spouse must have lived in Michigan for at least 180 days immediately before filing. Along with that, at least one spouse must have lived in the county where the divorce is filed for at least 10 days. Certain exceptions can apply, especially when one spouse lives outside Michigan.
The complaint includes the facts of the marriage and asks the court to dissolve it. It can also address issues such as:
- Property division
- Spousal support
- Child custody and support
- Parenting time
Once the case is filed, the other spouse must be served.
The Waiting Period
Michigan law has a waiting period before a divorce can be finalized. For a divorce without minor children, the waiting period is at least 60 days after the complaint is filed. When minor children are involved, the statutory waiting period is about six months.
If unusual hardship or a compelling necessity exists, a court may shorten the six-month period, but the minimum 60-day period still applies.
During this time, you and your spouse may work through finances, parenting arrangements, property division, and other issues.
Your attorney may also be exchanging information with the other side, negotiating a settlement, or preparing motions if there are disagreements that need the court’s attention.
What Happens If You Have Children?
When children are involved, divorce becomes more than dividing property and closing a chapter of your life. The court may need to address legal and physical custody, parenting time, child support, medical expenses, and other parenting-related issues. Oakland County’s Friend of the Court (FOC) plays a role in many cases involving children.
The FOC can assist with issues involving custody, parenting time, and support. Oakland County also uses FOC referees and other specialists as part of its family-court process.
In some situations, disputes involving custody, parenting time, or support are referred to the Friend of the Court for a conference before the issue goes before the judge.
Negotiation and Mediation
Not every Oakland County divorce ends with a courtroom battle. Many divorces use mediation, especially when they involve property division. This process uses a neutral third party who helps spouses communicate and work toward an agreement with their divorce Michigan attorneys.
Your agreement can address everything from who keeps the house to how retirement accounts are divided, whether spousal support will be paid, and how parenting responsibilities will be handled.
Court Hearings in Oakland County
If you can’t reach an agreement, the court may schedule hearings to address these disputes. Oakland County’s Family Division uses both in-person and virtual proceedings.
The court will also establish deadlines for exchanging information, completing discovery, participating in settlement conferences, and preparing for trial.
You want to pay attention to those deadlines. Missing a court deadline can have real consequences for your case.
Reaching the Finish Line
If you and your spouse reach an agreement, the terms can be outlined in a Judgment of Divorce for the court’s consideration. If the case cannot be resolved through negotiation or mediation, the court may have to decide the disputed issues.
Once the court enters the Judgment of Divorce, the marriage is legally dissolved and the terms of the judgment become enforceable.
Take the Next Step With Confidence
Knowing what to expect during the divorce process in Oakland County courts can make a difficult time feel a little less uncertain.
Whether you’re just beginning to consider divorce or you’ve already started the process, help is available. At the Law Office of Melissa M. Pearce, we are ready to assist with your Oakland County divorce. Reach out today to schedule a consultation.