I often meet with clients that tell me they want an “uncontested” divorce in Michigan. This is a misnomer. People often think that “uncontested” means that the other person also wants a divorce, which isn’t true. In Michigan, it doesn't matter if the other party does not want a divorce, you can get divorced even if the other person wants to stay married.
An uncontested divorce means that the parties agree on all matters including, but not limited to, child custody, parenting time, child or spousal support, alimony, retirement accounts, debt and property. If a couple has any or all of these things, it would be rare for both parties to agree on ALL aspects of their divorce case up front. This doesn't mean that you can't be divorcing amicably, it just means that there are financial or legal issues that still need to be worked out.
A “contested” divorce case simply means that there are issues that need to be resolved as part of the case. There’s nothing wrong with this and it is very common. An attorney can help you work through these issues as well as the mediation process. Read more about mediation here.
If you believe you have a truly uncontested case, you can work with your attorney to draft a consent Judgment of Divorce. Below is a checklist of things that you must have agreed on with your spouse PRIOR to drafting this Judgment with your attorney. Each link contains more information on each topic:
Vehicles - who gets what vehicle? Do any of the vehicles need to be refinanced? In what time frame will they be refinanced out of the other parties name?
Final tax returns
Personal Property (household items)
Attorney Allison Greenlee Korr handles family cases in the counties of Kalamazoo, Calhoun, Van Buren and St. Joseph, call today for a consultation. 269-381-4471