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Should I wait to file for divorce until my child turns 18?

On Behalf of | Jun 10, 2022 | divorce, Michigan Divorce, When To File

In Michigan, the timing of filing for divorce can make a huge difference in your case. Filing for divorce with minor children means that the mandatory waiting period from the time that you file to the time that a judgment can be entered is six months. There are some circumstances in which a Judge can reduce the waiting time, but different Judges have different opinions and policies on this issue and thus you should be prepared to wait six months when you file because you won’t know who your Judge is until the case is filed.

If a divorce is filed without minor children, the mandatory waiting period from the time of filing until the time that a Judgement can be entered is sixty days. This is the shortest time period, and a Judge does not have discretion to shorten this time period any further.

Additionally, filing for divorce with minor children requires a slightly more expensive filing fee, additional court forms related to the children, and additional court appearances or hearings. Child custody, parenting time, and child support must be established even if the child is 17 years old.

So, if your youngest child is nearing age 18, you may wish to wait until their birthday has passed to file your case. However, there are a myriad of other factors that must be taken into account when deciding when to file. There are certainly circumstances in which it may be advantageous to file prior to the child’s 18th birthday. Again, depending on your case.

It’s important to talk to an experienced divorce attorney to determine the best course of action for your case. Contact us today to schedule a free, no obligation consultation.