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  1. #1
    Join Date
    Sep 2005
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    michigan
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    Default Legal Separation in Michigan

    How long should it take for a hired lawyer to file for a separation while the divorce is being processed? A friend was told almost 8 weeks ago by the hired lawyer that they were waiting for the paperwork. How long should it take for the spouse to be notified of the separation and court date (if necessary) for it to be final?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Legal Separation versus Divorce

    Separation and divorce are not the same thing. If you file for divorce, you are not filing for a separation. What paperwork is the lawyer waiting for?

    The amount of time it takes for a divorce to proceed from filing through completion depends upon whether there are children involved (in which case there is a six month waiting period, whereas without kids there's a one month waiting period), the number of contested issues, the court's docket, and whether it is necessary to hold a trial.

  3. #3
    Join Date
    Sep 2005
    Location
    michigan
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    5

    Default separation/divorce

    My friend was told by the lawyer that he filed for the divorce and there is a child so this will take a 6 month waiting period. I understand this is true, but the lawyer also said he filed papers for a seperation now (by requet of my friend) so the spouse would move out during the 6 month wait. 6 weeks later the lawyer is still saying he is waiting on the separation papers to return to him so a court date can be set for the separation.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: separation/divorce

    Quote Quoting riveria317
    My friend was told by the lawyer that he filed for the divorce and there is a child so this will take a 6 month waiting period. I understand this is true, but the lawyer also said he filed papers for a seperation now (by requet of my friend) so the spouse would move out during the 6 month wait.
    While divorce practice varies by county, and this may make sense in some Michigan counties, I am not sure that I understand the strategy. If the lawyer files two separate actions, one for divorce and one for separate maintenance, they should both end up before the same judge who is likely to consolidate them - and may well then treat them as a single divorce action. Also, if the spouse doesn't want to move, the spouse can file a counter-claim for divorce in response to the action for separate maintenance, in which case the action is effectively transformed into a divorce proceeding.

    Quote Quoting riveria317
    6 weeks later the lawyer is still saying he is waiting on the separation papers to return to him so a court date can be set for the separation.
    I am not sure what this means. The lawyer is waiting on who to return the separation papers? The process server?

  5. #5
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    Sep 2005
    Location
    michigan
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    5

    Default Divorce - date filed

    How can you verify the date the lawyer filed for a Divorce if he does not show you any documentation? Can you request a copy from the courts?

  6. #6
    Join Date
    Sep 2005
    Location
    michigan
    Posts
    5

    Default Divorce Separation

    The lawyer said he was waiting on the seperaton papers to come back since the separation was requested after the divorce was filed.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Divorce Separation

    Quote Quoting riveria317
    How can you verify the date the lawyer filed for a Divorce if he does not show you any documentation? Can you request a copy from the courts?
    The Clerk of the Court can look up a case by party name or case number, and tell you when it was filed.

    Quote Quoting riveria317
    The lawyer said he was waiting on the seperaton papers to come back since the separation was requested after the divorce was filed.
    Waiting for them to come back from whom?

  8. #8
    Join Date
    Sep 2005
    Location
    michigan
    Posts
    5

    Default Divorce/ Separation

    When you hire a lawyer and file for a separation, is the lawyer present when filing or can this be done through mail?

    How long should it take to hear of a court date after filing for a divorce? I understand it may vary but 3, 4, 5 months just to hear anything after filing? A child is involved and the wait is 6 months so does that mean you won't reveive a court date until after the 6 months?

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Divorce

    I suggest that your friend schedule a meeting with her lawyer, and that she pose her questions directly.

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