4 FAQs About Filing for Divorce in Michigan

 

 If you’ve decided to end your marriage, it’s wise to consult a family law attorney. Regardless of the specifics of your situation, there’s a lot at stake. As such, enlisting help from a seasoned professional is a sound investment.

 

 

A knowledgeable lawyer will be able to help you navigate the proceedings all the while asserting your rights and protecting your best interests. Along the way, they’ll also answer any questions you have about your unique situation.

 

 

Chances are you already have a lot of questions about the process in general and your case in particular. While you can only get tailored advice from an attorney, you can learn about Michigan’s divorce proceedings in general below.

 

 

Here are the answers to some of the most frequently asked questions on the subject:

 

 

 

1. Does Michigan Have a Residency Requirement to File for Divorce?

 

 

 

Before you can file for divorce in Michigan, you or your spouse must have lived in the state for at least six months. Additionally, you must reside in the county where you intend to file for at least 10 days prior to submitting the paperwork.

 

 

 

2. On What Grounds Can You File for Divorce in Michigan?

 

 

 

Michigan is a no-fault divorce state, which means neither party has to prove wrongdoing on the part of the other in order to dissolve the marriage. Instead, a couple can file on the grounds of irreconcilable differences by stating the marriage is irretrievably broken.

 

 

When it comes to dividing property and determining alimony obligations, however, a judge may consider fault before making a ruling. There are more than a dozen factors the court considers when deciding what’s fair, and the underlying reason for the split is one of them.

 

 

 

3. Does Michigan Have a Separation Requirement Before You Can File for Divorce?

 

 

 

Unlike some states, Michigan does not require a couple to live apart for any amount of time before one party files for divorce. As long as the petitioner meets the residency requirements mentioned above, they can commence the proceedings.

 

 

 

4. How Do Michigan Courts Divide Property?

 

 

 

When dividing property, the court takes an equitable distribution approach. This means they ultimately award assets based on what’s deemed fair, rather than equal.

 

 

While the judge will try to divide applicable property between the couple as close to 50/50 as possible, there are factors that can affect the outcome and sway it in either party’s favor. Examples include each party’s health, education, earning capacity, age, and financial circumstances.

 

 

 

Call 231-946-0700 to Discuss Your Case with a Michigan Divorce Attorney

 

 

 

At Smith & Johnson, we know how stressful divorce proceedings can be. That’s why we strive to make ourselves readily available to our clients and to address any questions or concerns as soon as they arise.

 

 

If you enlist our help, we’ll assist with every aspect of your divorce, so you can focus on making the most of your fresh start. Call 231-946-0700 or submit our Contact Form to schedule a free initial consultation with a divorce lawyer in Michigan.