Statutory Waiting Period Waiver

[brandi.halterman]

Jurisdiction

Michigan

I'm wondering what my chances of having the statutory waiting period waived in my divorce due to the fact that my ex is in prison. He is not even eligible for parole until two years after the waiting period is over. He is not contesting the divorce and we are in agreement on custody of our son. Just wondering if its worth it to take the time off work to go in front of the judge with a motion or not...

 

[army judge]

Step by step guide for divorcing a convicted, incarcerated FELON:
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How to File for Divorce If Your Husband Is in Jail
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Divorcing an incarcerated felon is easier than divorcing a released felon.
There is NO waiting period to dump that convicted felon.
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How To Get a Divorce When Your Spouse is in Jail
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How to Divorce an Inmate

 

[brandi.halterman]

I cannot find any statutes regarding divorcing an incarcerated felon in Michigan and we have a child in common, therefore, I believe there IS the 6 month waiting period.

 

[adjusterjack]

Unfortunately, there is nothing in those links that apply to Michigan, nothing in them even suggests that there is no waiting period, and all of them suggest you check your state laws for procedure.

According to the following website you may be able to shorten the waiting period from 6 months to 2 months.

Scroll down to "Waiting Period" where you will find instructions and forms:

Introduction to Divorce with Minor Children | Michigan Legal Help

I suggest you figure out how to make it a joint motion with your husband's signature as well as yours.

Frankly, if you want to get this done right, I suggest you have a lawyer do it.

Otherwise you risk getting it wrong and finding out that you've wasted a couple of months and got nowhere.

Read the following Michigan statute:

MCL 552.9f Divorce; taking of testimony; minor children; perpetuating testimony; nonresident defendant, residence of plaintiff.
No proofs or testimony shall be taken in any case for divorce until the expiration of 60 days from the time of filing the bill of complaint, except where the cause for divorce is desertion, or when the testimony is taken conditionally for the purpose of perpetuating such testimony. In every case where there are dependent minor children under the age of 18 years, no proofs or testimony shall be taken in such cases for divorce until the expiration of 6 months from the day the bill of complaint is filed. In cases of unusual hardship or such compelling necessity as shall appeal to the conscience of the court, upon petition and proper showing, it may take testimony at any time after the expiration of 60 days from the time of filing the bill of complaint. Testimony may be taken conditionally at any time for the purpose of perpetuating such testimony.