Contested Divorce vs Uncontested Divorce in Michigan

Quite a number of clients tell me that their divorce will be uncontested divorce. They usually say this because they believe that they have an agreement with their spouse regarding all outstanding issues.

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Reasons Why an Uncontested Divorce becomes Contested

1) Sometimes my client tells me they don’t want anything from their spouse other than they want out of the marriage. However, I am an advocate for my client. If they want to make a very poor deal, it is my job to dissuade them. I don’t want them waking up five years from now and cursing me for having allowed them to enter into a bad deal when they were at their most vulnerable. This is different from manufacturing a controversy. My client should get at least what they deserve under the law.

2) The parties change their mind by the time the divorce becomes final. Divorce takes a minimum of 60 days if there are no children and six months if there are children. Plenty of time for one of the parties to change their mind, or be talked out of it by friends, or the circumstances change, or a party gets a new love interest that torpedoes the agreement.

3) The Judge has to be convinced that the agreement is fair. Sometimes doing so is difficult.

The Right Way to Insure an Uncontested Divorce

I frequently draft a Settlement Agreement and Consent Judgment and get everybody to sign them at the beginning. These are your final divorce papers. They cannot be changed by only one side. The only exception is if the court finds that there was fraud perpetrated in order to obtain your spouses’ signature. This is a very rare event.

If you are uncertain as to whether your divorce may proceed as a contested divorce or uncontested divorce, please do reach out to The Law Office of Attorney Bo Schimers for your free phone consultation.