"Joint Divorce" Options in Michigan: The Streamlined Option

While “filing” a divorce lawsuit used to be the only way to initiate a traditional divorce case, when a couple is considering a joint divorce, they have more options and the process can be more flexible.

Our firm is unique in offering the Streamline Divorce process, which is the least costly and most efficient way to complete a Joint Divorce action.

Is the Streamline Divorce process right for your situation? These are the key questions to consider:

(1) Do both parties accept the decision to divorce?

(2) Do both parties agree that they prefer to avoid “going to court” as much as possible?

(3) Do both parties have a reasonably good understanding of the marital finances?

(4) Despite the loss of the marriage, can both parties be respectful and cooperative enough to complete the process of discussing the options and completing needed forms?

(5) Are the parties’ issues fairly standard and can they be addressed using a form-based process?

The first four factors are easily understood. Our Streamline Divorce process allows the parties to “write up” their own agreement using a set of relatively simple but comprehensive forms. The ”Streamline” option requires two parties who can sit down and complete the forms with reasonable cooperation and respect. In our experience, there are many couples who use the Streamline Divorce process. These couples typically have reached mutual acceptance that divorce is their next step and they both wish to avoid divorce litigation, maintain their privacy, make their own decisions and save money. The Streamline Divorce option is a strong contender for this type of situation.

If the first four factors are met, then the fifth factor is usually the key factor as to whether or not the Streamline Divorce option is right for their circumstances. Streamline Divorce is a form-based process. It is a good fit for couples who do not have unusual or complex issues to address. A couple does not have to have “everything worked out in advance” — the forms will guide them through the key decisions. However, some issues can only be resolved with specific information, specialized problem-solving or professional input which is beyond the scope of forms.

If there are complicating factors, for which legal or other professional advice and input is needed, that does NOT mean that a divorce lawsuit is your only option. In fact, about 50% of our clients who hope to use the Streamline process need a little extra help in completing their divorce settlement. We often refer to this situation as “Streamline Plus.”

Common factors where the simple Streamline Divorce forms may not be adequate, but the Streamline Plus” approach may be a good fit include:

(1) Multiple retirement accounts requiring division

(2) Business ownership

(3) Larger or more complex marital assets

(4) Significant or complicated debt issues

(5) Premarital, separate property and inheritances.

We hope this overview helps you assess whether Streamline Divorce (or “Streamline Plus”) may be a good fit for your circumstances. As always, we welcome the opportunity to consult with you before making a decision about which option is best for your situation.