Divorce is confusing. Dealing with your emotions and the legality of it can be hard. There are people with a lot of different questions about getting a divorce in Michigan. Our Southfield divorce lawyers at Haque Legal have always answered questions per topic and aim to continuously do so when we can.
However, there are some questions, basic as they are, that people commonly ask that we cannot lump into a category. In this article, let us continue our discussion on some of the common lingering questions that people have about getting divorced in Michigan.
Can I change my name after the divorce?
Some people say that getting a divorce is one of the easiest divorce proceedings in the whole United States. With the no-fault policy and the policy of the legislation, divorce in Michigan is indeed easy. This also includes the restoration of the woman’s name to her maiden name.
Usually, the restoration of the middle name is already included in the final judgment of divorce in Michigan. In some instances, the person who has yet to receive an order about the restoration of her maiden name may also proceed through a filing with the federal government through the social security office and the state through the Michigan secretary of state.
Can I get my marriage annulled in Michigan?
In some instances, you may not want to get a divorce and you may want to get an annulment. In another article that we are going to make we will discuss getting an annulment in Michigan and the limited circumstances that you are allowed to do so.
As brief information and annulment in Michigan is a declaration that the marriage never took place. It may only be granted in cases where the marriages are void from the beginning when the people who got married are closely related relatives or when one of the parties is unable to enter into a contract of marriage for one reason or another. The existence of a legal impediment necessarily negates the existence of the marriage regardless of how long the parties believe that their marriage is already valid.
Further, an annulment in the state of Michigan can also be granted for marriage that is voidable such as that which has been taken by force or through fraud, or when the person who got married does not yet have the age of consent.
I just moved to Michigan, can I file for divorce already?
The terms and circumstances of getting a divorce in Michigan are only applicable if at least one of the parties is living in the State of Michigan. A divorce can be filed if you have already lived in Michigan for at least180 days.
Is there a way to fast-track my divorce?
The length of the divorce will depend greatly on the issues that are contested at the time of the divorce. Generally, a divorce in Michigan will take a minimum of 6 to 7 months if it is contested and there are no other issues that the parties would need to resolve.
The 6-month period refers to the fact that the parties are required to go through a 60-day waiting period for them to get their heads cleared and be sure of their decision to get divorced.
Do I have to go to court?
Yes, you will have to go to court for a judge to take evidence on the record in the form of your testimony. Even if the state of Michigan is a no-fault state it just means that fault is not imputed on any of the parties but there is still a need to prove that the marriage is already destroyed and it has already broken down.
I was told to serve summons to the other spouse, what if I am unsuccessful?
Filing for divorce in Michigan means that you are responsible to send and serve the summons to the other party. According to the law after the issuance of the summons in Michigan you have 91 days to serve it to your spouse through personal service or registered mail. In this case, it is important to always take note of the period of 91 days.
If you cannot serve during the period you must ask the dutch for permission to use an alternate form of service by filing a motion at least two weeks before the expiration of the summons. Here at Haque Legal, we do recommend more time. We usually break the 91 days into three months and tell our clients that you need to be able to serve the summons to the other party within the first 45 days and if you cannot we should at least have 45 days to file in court and ask the court to allow us to serve the summons in any other way.
Can I start dating during the period of divorce?
You can start dating and looking around during the period of the divorce but you cannot remarry until a final judgment of divorce has already been entered and all of the issues regarding your divorce had already been settled in court.
The filing of a divorce does not mean that you are already divorced.
What if I do not want to wait for 60 days as the waiting period?
There is no such thing as an express divorce in the state of Michigan. You have to complete the whole 60-day waiting period for the whole process to continue in court. The breakdown of a marriage is not something that you should rush and it is not rushed by the courts in Michigan.
There are a lot of questions that are lingering about getting a divorce in Michigan and we will continue with this article series to answer all of those questions. You may find the continuation on our website here.
Let Haque Legal Help You With Your Divorce
Now that you know some facts about dealing with divorce, it is time to get down to it. If you require a Southfield family law attorney who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a lawyer to help you during your divorce proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.