Uncontested & Consent “No Fault” Divorce Attorneys
Serving Macomb, Oakland & Wayne County
Divorce is much more common than it used be – and many couples simply want a fast, agreeable, inexpensive divorce, so that they can go their separate ways and start their new lives.
We have helped hundreds of men and women in Wayne, Oakland and Macomb County obtain amicable, rapid divorces – while keeping legal costs down and moving the process along as quickly as possible.
What Is No Fault Divorce? Wayne County Attorney
Under Michigan law, every divorce is considered a “No Fault” divorce. This simply means that a divorce will be granted as long as one spouse wants the divorce – even if the other spouse does not want the divorce. Under old divorce laws, one of the spouses had to be “at fault” to get a divorce. But today there is no “fault” requirement.
An “Uncontested Divorce” refers to a divorce where one spouse files for divorce and the other spouse does not fight or “contest” the divorce. In an “uncontested divorce”, one spouse files the papers and the other spouse does not file an Answer to the divorce complaint.
A “Consent Divorce” is the fastest, easiest and simplest way to divorce. In a Consent Divorce, both spouses voluntarily and jointly agree on everything, including: finalizing all property division (if any), child custody & support arrangements (if any), and all financial obligations & debts arising from their marriage.
In fact, a Consent Divorce is usually faster than an Uncontested Divorce. This is because when the other spouse does not file an Answer, then the filing spouse has additional paperwork that must be completed and filed – to prove that the other spouse was served with the papers and/or to show that they conducted a “diligent search” but that the spouse could not be located.
As with any Michigan divorce, in a Consent Divorce the spouses must meet the Michigan residency requirements, and are subject to the minimum waiting periods (3 months without children; 6 months with children).
Steps for an “Amicable” Consent Divorce
- One spouse’s attorney files the Complaint;
- The other spouse (or their attorney) files an Answer and Waiver;
- If there are minor children, a Verified Statement and Application for IV-D Services is filed, and both spouses will meet with the Friend of the Court;
- One spouse’s attorney prepares & files a Marital Settlement Agreement, which includes the details of everything that the spouses have agreed upon, and everything that may come up in the future, including:
- A Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) Affidavit must be filed if there are minor children;
- Finally, a Judgment of Divorce, must be entered with the Court.
• the division and distribution of all property, including the home
• spousal support (if any) – including how much and for how long
• child custody, support, parenting time (visitation)
• health care insurance / expense coverage for the minor children & spouses
Do I Need an Attorney for an Amicable No Fault Consent Divorce?
As you can see, even with an “amicable divorce” there is a lot that has to be decided, and a lot of complicated paperwork that must be filed, for the divorce to become final. If you do not file the proper forms, or if the forms are not properly completed, your divorce will be seriously delayed – and may even be thrown out of court. For this reason, it is almost always faster and safer to have an experienced divorce attorney file your papers – even in a Consent or Uncontested divorce.
Experienced Divorce Attorney Danny Kallabat Can Help – Wayne County
Experienced family law attorney Danny Kallabat has successfully represented hundreds of divorcing individuals with no fault divorce, uncontested divorce & consent divorces. He offers fast, effective representation – at affordable rates – to ensure that your rights are always protected.
CLICK HERE or call Danny Kallabat today for a free, confidential consultation.