"That Type of Divorce is Not Legal!" (Yes, it is.)
"That type of divorce is not legal!"
"You always have to have a lawsuit in a divorce."
"We need to start a divorce lawsuit just "to start the clock running.'"
"That fast-tracked divorce idea is just a marketing gimmick."
Make no mistake about it. The above statements are false.
However, since we hear that our clients (and their spouses) encounter these types of comments all too frequently, this is to make it crystal clear that our Streamline Divorce℠ process is absolutely "legal." Our Streamline Divorce℠ process is one of a number of ways to have a cooperative divorce without a lawsuit in Michigan using a relatively new law.
In 2019, a new Michigan Court Rule took effect which authorized Michigan courts to accept divorce "petitions." Divorce petitions are based on the parties' mutual agreement to settle their divorce-related issues :
(1) out of court, and
(2) before filing anything in court.
Michigan’s new divorce petition process provides an expedited pathway for the court to grant the parties' change in marital status (i.e., a divorce) in a manner that can be much less costly, much less stressful, and much less expensive than the traditional divorce lawsuit. MCR 3.223.
The court forms for Michigan divorce petitions not only cut out most of the paperwork associated with a traditional divorce lawsuit, but they provide an opportunity for parties with minor children to request that the court reduce the waiting period before their divorce can be granted. Many courts routinely grant these requests. As a result, using the divorce petition process can also help reduce the “waiting time” before a divorce can be legally granted.
Sadly, while everyone knows about “filing” the traditional type of divorce lawsuit, word has been slow to spread about the valuable option of the divorce petition. This may be a result of timing: the new court authorizing divorce petitions in Michigan rule took effect shortly before COVID-19 pandemic emerged. Overshadowed by world events, the ground-breaking divorce petition process in Michigan has never received the attention it deserved.
Whether or not Michigan's divorce petition option has received its fair share of publicity, it is a very real and important option for divorcing couples to consider. The benefits of this alternative to the traditional divorce lawsuit are profound for divorcing couples looking for a better, less costly and more respectful way to end their marriage.
Who are good candidates for Streamline Divorce℠ and the divorce petition process under Michigan law? They tend to share these characteristics:
(1) The spouses want to end their marriage amicably, or at least respectfully
and in an equitable manner,
(2) Both spouses have a good general understanding of their debts and assets, and
(3) The parties who have a basic level of agreement on how they intend to handle
their child-related issues (if any)
Over 90% of Michigan divorce lawsuits never go to trial. For those potential divorcing parties who feel no need to use the old-fashioned "lawsuit" process, the new divorce petition process offers a meaningful incentive to work cooperatively to develop a divorce agreement they can both say "yes" to, even in otherwise difficult circumstances. The Michigan divorce petition process helps promote an equitable outcome for both parties while helping preserve the marital assets which both parties will need in the process of building their new lives.
So why do some lawyers and others continue to say that the Streamlined Divorce℠ format and the divorce petition process are "not legal" or recommend the traditional divorce litigation approach for their clients? While we can never know for certain, some common explanations seem to be:
(1) Traditional divorce filings are the most common type of divorce filing in most
counties. The attorney or other professional may not be familiar with MCR 3.223 simply due to lack of
encountering one of these types of filings before.
(2) The attorney's personal preference is to use the litigation approach.
(3) The attorney feels the case cannot be resolved through pre-filing negotiations because he/she
believes the threat of a traditional divorce lawsuit is the only tool to effectively resolve the case.
(4) The spouses both want to work out a pre-filing settlement but have encountered a "hiccup" and the
attorney recommending filing a divorce lawsuit may not have considered using early-stage mediation
or other resources to get over the speedbump in negotiations and facilitate a pre-filing settlement.
If you and your spouse appear to have a fairly straightforward divorce situation, we encourage you to seek out relevant information about the new divorce petition process at the outset, so that no one is goaded into a costly divorce litigation case based on lack of information or philosophical perspectives that don't align with your mutual goals.
If you would like to know more, our office will be happy to supply a copy of our free e-book, "Navigating Divorce in Michigan: Options to Know Before You File" by email. Request our e-book at: https://coulinglaw.com/new-page-1
In addition, my book, Michigan Divorce Fast-Tracked, is available for purchase in print and Kindle formats on Amazon.com (https://www.amazon.com/Michigan-Divorce-Fast-Tracked-Denise-Couling-ebook/dp/B0933B92W4/ref=tmm_kin_swatch_0?_encoding=UTF8&qid=&sr=).
For individuals facing divorce in Michigan, both books provide useful entry-level information to help make well-informed decisions.
The law firm of Banfield Couling Law & Mediation PLLC is at the forefront of increasing public awareness of Michigan’s relatively new divorce petition process. When the divorce petition process initially took effect, our office helped train court officials and other attorneys about utilizing this new process. Because Michigan’s divorce petition process has the potential to offer many divorcing couples a much better option to better navigate a challenging time in their life, we continue to spread the word about the benefits of Michigan’s “No Lawsuit” divorce option.
If you or your spouse are informed that a Streamline Divorce℠ or the divorce petition process is not “legal,” ask why. Make sure that the perspective and knowledge base of the individual asserting that divorce petitions in Michigan are not "real" or that these options are not a “good idea” is in line with your goals.
If you are seeking to connect with attorneys and other professionals who are familiar with the Michigan’s divorce petition process, you can always find a good source for knowledgeable lawyers, financial professionals and other divorce-related experts at MediateFirstMI.com under the "About Us" tab (https://mediatefirstmi.com/members).
Our firm’s goal is to shed long-overdue light on Michigan's divorce petition option, whether or not our Streamline Divorce℠ process is used. The more we succeed in advancing that goal, the less like-minded individuals will encounter comments questioning the “legality” of the Michigan divorce petition option.
For many if not most couples facing divorce, we firmly believe that Streamline Divorce℠ and the divorce petition process represents a better way to respectfully end a marriage without the necessity of filing a lawsuit. Not every divorce case is a good fit for the divorce petition option, but we are convinced that for many cases, having basic awareness of this option the best starting point for avoiding needless divorce litigation and positioning both parties and their families for cooperation and success in their post-divorce lives.
PLEASE NOTE: This blog is not intended to constitute legal, financial and/or tax advice. We do not recommend making important decisions of the type addressed in this article without specific legal or tax advice by a licensed accountant or lawyer.