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Can I do a joint divorce in Michigan?

On Behalf of | Jun 17, 2022 | divorce, Joint Divorce

Yes! In 2019, the legislature enacted MCR 3.223 – Summary Proceedings for Entry of a Consent Judgment or Order. Summary Proceedings are appropriate for cases where the spouses are generally cooperative and have a tentative agreement on how to divide custody, parenting time, child support, spousal support, and property division. This process allows the parties to negotiate their agreement before filing a lawsuit with the Court.

Once the parties have their agreement reduced to a Judgment of Divorce, the parties file a joint Petition for Entry of a Consent Judgment.

Summary proceedings are not appropriate in cases where there is domestic violence or a history of domestic violence or unequal bargaining power. It is also not appropriate in cases where extensive discovery needs to be done – i.e. one party may be hiding assets from the other.

In Summary proceedings, one or both spouses can (and should) hire an attorney to assist them through the process. It is important to note that an attorney can only represent ONE party or spouse even in summary proceedings under the attorney ethics rules.

Actions filed under this procedure are very new to the Court – having just recently been enacted along with the delays related to COVID-19.

Contact us today to for a free no-obligation consultation to see if a joint divorce is right for your case.