Michigan Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

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Multi-State
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US-01797BG
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Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Every divorce in Michigan has a mandatory 60-day waiting period. Divorces that involve minor children have a 6-month waiting period. After the mandatory waiting periods, a final judgment of divorce can be entered when the parties reach agreement or after a trial by a judge.

How long can a divorce be put on hold? All Michigan divorce cases have minimum waiting periods. If you and your spouse have minor children in common, the waiting period is six months. Otherwise, the waiting period is 60 days.

Pensions in a Michigan divorce Generally, pensions are considered marital property subject to being equitably divided with the non-employee spouse having a claim against the employee spouse's retirement account.

After 10 or more years of marriage, an ex-spouse may collect benefits equal to half the benefits being paid to the other spouse, but this does not limit a court or parties from using one spouse's social security payments to provide additional child or spousal support as part of a divorce in Michigan to the other spouse ...

Recognize You Cannot Go Faster Than the Legal Waiting Period Under Michigan divorce law, a married couple without minor children from the marriage will have a 60-day waiting period. A married couple with minor children from the marriage will have a six-month waiting period.

To file for divorce in Michigan you need to follow the following steps: Determine if you can file for divorce. ... Reach an agreement. ... Find the proper court to file paperwork. ... Fill out the correct forms. ... File your forms with the court. ... Serve your spouse. ... Attend all court hearings. ... File the final documents.

But once your divorce becomes final, Michigan does not have any restrictions on the timing of a remarriage. In theory, a judge could sign your final divorce decree and then immediately perform a civil ceremony marrying you to your new spouse.

There are certain situations in which the court may consider waiving the full duration of the 180-day waiting period, which are defined as ?unusual hardship or such compelling necessity.? For general divorces, the couple will still need to wait for a minimum of 60 days before it is finalized.

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Michigan Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce