Court dates and waiting periods after filing for divorce

Question:

I filed for divorce from my husband who is in the military, and a week later he filed for divorce. In Michigan, it states that when children are involved in the divorce they have to wait 180 days, but on his paperwork the court date is less then 60 days. Is that right?

 

Answer:

In Michigan, the waiting period for a divorce with minor children involved is six months. However, the Circuit Court and the Friend of the Court can hold hearings, issue temporary child custody and child support orders, investigate allegations of child abuse, and take any other action within its jurisdiction (i.e, for property, support or children) before the waiting period ends.

Then, yes, it is possible to have a court date less than 60 days after the divorce commences. This could be a conciliation or mediation at the Friend of the Court to discuss child custody, parenting time and child support or spousal support (which will help your friend if the military does not) and issue temporary orders, a hearing at the Circuit Court to determine whether the children should be removed from an abusive parent, a contempt hearing at the Circuit Court for violating a status quo order, or any of a number of hearings. It is important for your friend to have an attorney review her hearing notice to determine what type of hearing she has and how best to advocate at it. The Michigan family courts tend to be fast-paced, and parents often feel the pressure to settle against their best interests. An attorney familiar with the hearings will select the best strategy to prevent that.

Be advised, this is general information only. Although I practice law in Michigan, I cannot give you legal advice without thoroughly reviewing ther case. Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance. Cordell & Cordell, P.C. does represent clients in Michigan. Thank you for submitting a question to Cordell & Cordell, P.C.

 

Jennifer M. Paine is an Associate Attorney in the Detroit, Michigan office of Cordell & Cordell P.C. She is licensed to practice in Michigan, and has been admitted pro hac vice in Illinois, Ohio, and the United States Court of Federal Claims. Ms. Paine received her BA in English and Mathematics from Albion College and graduated Summa Cum Laude. She received her Juris Doctorate from MSU College of Law and graduated Summa Cum Laude.

 

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