Case Study: A 60-Day Divorce for Two Royal Oak Professionals
This case study is based on an actual matter handled by Haque Legal, PLC and is published with the informed written consent of the client. Identifying details have been limited to protect the parties' privacy. Past results do not guarantee future outcomes.
The Situation
A Royal Oak, Michigan resident consulted Haque Legal about ending a marriage of 3 years. Both spouses were professionals earning six-figure salaries, and they had no children. Each came into the marriage with their own 401(k) and savings, and together they had purchased a condo in Royal Oak. One spouse had accepted a job offer and was moving out of state within a few months — so the divorce needed to be clean, fair, and finished before the move.
The Challenge
Short-marriage, dual-income divorces look simple but have their own traps:
- Timing and the move: Michigan requires 180 days of state residency (and 10 days in the county) to file for divorce. Filing before the relocation kept jurisdiction in Michigan and avoided starting the clock over — or litigating — in another state.
- Separate vs. marital property: In a 3-year marriage, most of each spouse's 401(k) and savings was accumulated before the marriage. Michigan treats premarital assets as separate property — but only if they're properly traced and not commingled. Only the 3 years of marital contributions and growth were on the table.
- The condo: The one truly joint asset — purchased during the marriage with both incomes — required a buyout or sale, with the equity divided equitably.
- Spousal support: With two self-supporting, six-figure earners and a short marriage, the goal was a clean mutual waiver of spousal support so neither party carried ongoing obligations into their next chapter.
- Speed: With no minor children, Michigan's statutory waiting period is just 60 days — the fastest a divorce can legally be finalized. The plan was built to hit that minimum.
Our Approach
- Filed immediately, before the relocation. Filing in Oakland County while both spouses were Michigan residents locked in jurisdiction and started the 60-day clock on day one.
- Traced separate property. We documented each spouse's premarital 401(k) balances and account statements, so the settlement divided only the marital portion — the contributions and growth during the 3-year marriage — and each spouse kept their premarital savings intact.
- Negotiated a walk-away settlement. Each spouse retained their own accounts and vehicles; the marital retirement contributions were offset against each other; and the condo was resolved with one spouse buying out the other's equity share at an agreed value.
- Built the move into the paperwork. The relocating spouse's remaining steps — signing, final hearing — were structured for remote appearance by Zoom, so the out-of-state move never delayed entry of the judgment.
- Entered a Consent Judgment of Divorce at the 60-day mark. Property division, the condo buyout, and mutual spousal support waivers were entered by agreement — no hearings contested, no trial.
The Outcome
The divorce was finalized in the 60-day statutory minimum. Each spouse kept their premarital retirement savings and accounts, the condo equity was divided through a clean buyout, and both parties waived spousal support. The relocating spouse started the new job out of state with the divorce fully behind them — no return trips to Michigan, no open obligations.
Frequently Asked Questions
How fast can you get divorced in Michigan with no children?
Michigan imposes a 60-day minimum waiting period for divorces without minor children, and it cannot be waived. A cooperative, well-prepared case can be negotiated during that window and finalized as soon as it expires.
Does moving out of state affect a Michigan divorce?
If you file before you move, Michigan keeps jurisdiction over the divorce, and the relocating spouse can typically appear remotely for the remaining steps. Waiting until after the move can mean re-establishing residency elsewhere and starting over under another state's laws.
Do I keep my 401(k) in a short Michigan marriage?
Generally, the portion you earned before the marriage is separate property, and only the contributions and growth during the marriage are marital and subject to division. Proper tracing with account records is what protects the premarital portion.
Will either spouse pay alimony if both earn six figures?
Spousal support in Michigan is discretionary and based on factors including the length of the marriage and each party's ability to support themselves. In a short marriage between two self-supporting, similar-earning professionals, a mutual waiver of spousal support is a common outcome.
Divorcing in Royal Oak, Troy, or elsewhere in Oakland County? Haque Legal, PLC represents family law clients throughout Oakland County from our office in Bloomfield Hills. Schedule a consultation.
Past results do not guarantee, warrant, or predict future outcomes. Every case is different and must be evaluated on its own facts.