Legal Question in Family Law in Michigan

Filing for Divorce with no kids

My son will turn 18 on sept 17, 2005, and do I have to wait until the 18th to file the divorce papers to avoid any child custody/support issues and 6 month waiting period? Or can I file now before his 18th birthday because my husband and I have agreed on everything (kids/property) and don't have any disputes....we want to get it over as quickly as possible but don't want any snags if we file too soon.

Please advise,

--name removed---name removed--

Perry Michigan (shiawassee county)


Asked on 9/09/05, 1:34 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Filing for Divorce with no kids

I'd wait until he is 18. That way you'd avoid paying the extra $70 filing fee. You would only have a 4 month wait then for sure. Bill Stern 248-353-9400

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Answered on 9/10/05, 1:47 pm
Blake Lipman Law Office of Blake P. Lipman

Re: Filing for Divorce with no kids

Good question. As a practical matter, the court has the ability to waive the 6 month waiting period if the parties have an agreement as to the final terms of divorce. (Consent Judgment) As to an actual black letter law answer, it has never come up in my practice. I presume that the judge would not delay the entry of a consent judgment for this reason. For more info, please contact my office at (248)851-3171.

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Answered on 9/09/05, 3:08 pm


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