Michigan Divorce Options
When it comes to divorce, not one size fits all. At J. Pernas Law, PLC, we meet with would-be clients to talk about what would be the right choice for their family. A competent divorce lawyer will take the time to evaluate whether the parties are a good fit for an amicable uncontested divorce or a contested track that could benefit from mediation or arbitration.
Contested v. Uncontested
Many times divorce lawyers get into the habit of speaking in legal jargon, and the clients can’t or don’t follow what the attorney is trying to explain.
So, what is an Uncontested Divorce?
Simply speaking, the parties have come to an agreement amongst themselves about everything major and just need assistance with putting that agreement in writing, filing the divorce complaint with the clerk’s office, making sure the judge gets his or her copy, that the Friend of the Court (FOC) referee gets their copy as well, that the proposed consent judgment of divorce has all the required language so the judge will sign off on their proposed agreement, and the attorney appearance and representation for the final hearing where the judge will swear in the parties and go over their consent judgment terms and ask if they understand the terms and want to enter into this agreement and dissolve their marriage. This hearing is what we colloquially call a “taking proofs” hearing; this is the day that you will be officially divorced after your family judge is satisfied that both of you are freely and knowingly agreeing to the stated terms of your divorce judgment.
There are many benefits to parties who can proceed with this route. For starters, there is a huge financial incentive for the parties to agree amongst each other on how to dissolve their marriage. Divorces can get very expensive. Most attorneys charge by the hour, and the average divorce lawyer in Michigan charges $250 an hour. The average contested divorce in Michigan costs a person about $13,000 in legal fees for the entire process. Contrast that with an uncontested legal fee. Here at J. Pernas Law, PLC, we charge a flat fee of $1500 for most uncontested divorces. As you can see, the divorce lawyer costs difference between contested and uncontested divorce is abysmal.
The other added benefit is getting divorced quickly. In Michigan, divorcing parties have to wait at least 60 days between the date of filing and the “taking proofs” hearing if there are no minor children product of the marriage. There is a six-month waiting period between the divorce filing date and the “taking proofs” hearing if there are minor children product of the marriage. However, the parties can ask their family judge, by motion, to waive this waiting period. Most judges routinely grant these types of motions if the parties have a full agreement on all terms. Lastly, one of the biggest advantages of reaching an agreement is control of the terms of the divorce. Before filing for divorce, most people have never been involved in an adjudicative process (i.e., litigation). In an uncontested divorce, the parties tell the court to honor their agreement as opposed to being ordered by their family judge to do X or Y regarding child custody, parenting time, and property division.
What is a Contested Divorce?
As ideal and beneficial as an uncontested divorce can be, not every case is a good fit for the uncontested track. Some cases have domestic violence issues, highly unfair power dynamics, drug abuse, child custody and parenting time disagreements, real property that one party is trying to hide and not give an equitable share to the other spouse, etc. The typical contested divorce happens when the parties cannot agree on anything. In contested divorces, divorce lawyers typically ask for a “retainer,” which is an advance of the divorce lawyer’s legal hours. Excluding high asset cases, retainers for divorces generally run between $1500 to $5000.
Can I make my spouse pay for my legal fees?
One question we get often is, “can I make my spouse pay for it?” In Michigan, it is possible to have your spouse pay for your attorney fees in some instances. If an award of attorney fees is necessary to enable a party to prosecute or defend the action, the trial court may award the amount it finds necessary and reasonable. Typical cases where a Court orders one spouse to pay for the other’s attorney fees are in marriages where there is significant income discrepancy between the parties, or when one party has a high income, and the other was a stay at home parent. Determining whether you have a good chance of being awarded attorney fees needs an evaluation. Attorney fee awards are as a case by case basis as it gets. Contact us for your assessment.
A divorce lawyer near you
For divorce cases, the counties we serve are Wayne, Oakland, Washtenaw, and Macomb.
We hope you found this explanation useful; for assistance with your case, contact us at (248) 679-8886 or info@jpernaslaw.com to schedule your legal consultation.
Contested v. Uncontested
Many times divorce lawyers get into the habit of speaking in legal jargon, and the clients can’t or don’t follow what the attorney is trying to explain.
So, what is an Uncontested Divorce?
Simply speaking, the parties have come to an agreement amongst themselves about everything major and just need assistance with putting that agreement in writing, filing the divorce complaint with the clerk’s office, making sure the judge gets his or her copy, that the Friend of the Court (FOC) referee gets their copy as well, that the proposed consent judgment of divorce has all the required language so the judge will sign off on their proposed agreement, and the attorney appearance and representation for the final hearing where the judge will swear in the parties and go over their consent judgment terms and ask if they understand the terms and want to enter into this agreement and dissolve their marriage. This hearing is what we colloquially call a “taking proofs” hearing; this is the day that you will be officially divorced after your family judge is satisfied that both of you are freely and knowingly agreeing to the stated terms of your divorce judgment.
There are many benefits to parties who can proceed with this route. For starters, there is a huge financial incentive for the parties to agree amongst each other on how to dissolve their marriage. Divorces can get very expensive. Most attorneys charge by the hour, and the average divorce lawyer in Michigan charges $250 an hour. The average contested divorce in Michigan costs a person about $13,000 in legal fees for the entire process. Contrast that with an uncontested legal fee. Here at J. Pernas Law, PLC, we charge a flat fee of $1500 for most uncontested divorces. As you can see, the divorce lawyer costs difference between contested and uncontested divorce is abysmal.
The other added benefit is getting divorced quickly. In Michigan, divorcing parties have to wait at least 60 days between the date of filing and the “taking proofs” hearing if there are no minor children product of the marriage. There is a six-month waiting period between the divorce filing date and the “taking proofs” hearing if there are minor children product of the marriage. However, the parties can ask their family judge, by motion, to waive this waiting period. Most judges routinely grant these types of motions if the parties have a full agreement on all terms. Lastly, one of the biggest advantages of reaching an agreement is control of the terms of the divorce. Before filing for divorce, most people have never been involved in an adjudicative process (i.e., litigation). In an uncontested divorce, the parties tell the court to honor their agreement as opposed to being ordered by their family judge to do X or Y regarding child custody, parenting time, and property division.
What is a Contested Divorce?
As ideal and beneficial as an uncontested divorce can be, not every case is a good fit for the uncontested track. Some cases have domestic violence issues, highly unfair power dynamics, drug abuse, child custody and parenting time disagreements, real property that one party is trying to hide and not give an equitable share to the other spouse, etc. The typical contested divorce happens when the parties cannot agree on anything. In contested divorces, divorce lawyers typically ask for a “retainer,” which is an advance of the divorce lawyer’s legal hours. Excluding high asset cases, retainers for divorces generally run between $1500 to $5000.
Can I make my spouse pay for my legal fees?
One question we get often is, “can I make my spouse pay for it?” In Michigan, it is possible to have your spouse pay for your attorney fees in some instances. If an award of attorney fees is necessary to enable a party to prosecute or defend the action, the trial court may award the amount it finds necessary and reasonable. Typical cases where a Court orders one spouse to pay for the other’s attorney fees are in marriages where there is significant income discrepancy between the parties, or when one party has a high income, and the other was a stay at home parent. Determining whether you have a good chance of being awarded attorney fees needs an evaluation. Attorney fee awards are as a case by case basis as it gets. Contact us for your assessment.
A divorce lawyer near you
For divorce cases, the counties we serve are Wayne, Oakland, Washtenaw, and Macomb.
We hope you found this explanation useful; for assistance with your case, contact us at (248) 679-8886 or info@jpernaslaw.com to schedule your legal consultation.