Can I Waive The Six Month Waiting Period To Get Divorce?

Published by Courtney L. Quist of Quist Homier Law on September 18, 2024

Maybe.

In Michigan, as required by MCL 552.9F, divorces involving children have a mandate six month waiting period before a Judgment can be entered.  The time is measured from the date of filing, not when the opposing party answers.

However, there is an exception: When waiting the six months would work and undue hardship on the parties or extraordinary circumstances warrant waiving the time.

It is common for attorneys in collaborative cases to request that the Judge waive the six months.  It is also common for parties to request the waiver when they have filed a joint petition (which requires a signed Judgment to be filed with the initial pleadings).

The decision though, lies solely within the discretion of the Judge. And every Judge has their own idea of compelling circumstances and/or undue hardship.

In fact, some Judges will almost always waive the six months if a signed Judgment is presented for entry—and others will almost never waive the six months.

The bottom line is that you cannot  count on the six months being waived.  Your attorney will try to have it waived if a Judgment is signed—but there is no guaranty. 

Do NOT schedule a closing, a wedding, a refinance, or other transaction dependent on a divorce decree immediately after the Hearing to waive the six months.