Divorce is a stressful process that impacts all aspects of your life. It will take an emotional toll, naturally, but it can also affect your finances and, if you have children, how often you get to see them.
If you’re currently going through a separation in Michigan, you likely have numerous questions about what you can expect and the laws that might apply to your case. By consulting an attorney, you can get the support you need to better understand the legal and practical implications of divorce.
One of the first steps is to get the answers to a few common questions. Here are a few important ones you should ask.
What Are Michigan’s Divorce Laws?
To file for divorce in Michigan, you or your spouse must have lived in the state for at least 180 days. Furthermore, one of you must have lived in the county where you plan to file for at least 10 days before initiating divorce proceedings.
You can still be living together when you file, so you don’t have to show that you’ve legally separated or anything similar.
Michigan is a no-fault divorce state. This means that you don’t have to present evidence of adultery or other serious issues to end the marriage. Instead, all you need to demonstrate is that there has been a deterioration of the relationship and that you no longer want to be together.
What Is the Process of Filing for Divorce in Michigan?
To file for divorce in Michigan, you must file a summons and a complaint and have them served on your spouse. If you and your spouse can agree on issues like property division and child custody, you can pursue an uncontested divorce, which will generally be faster and easier. You must submit your arrangements to the court for approval.
If you can’t agree, it will be necessary to go to court. A judge will then make all key decisions, including those pertaining to the division of assets.
Is It Possible to Get an Annulment Instead of a Divorce?
Marriage annulments are possible in Michigan, but only under very limited circumstances. More specifically, they’re only allowed if the marriage was void from the start. This can occur if one of the parties was under the legal age of consent, there’s bigamy involved, or the marriage is between two close relatives.
How Long Does the Divorce Process Take?
Uncontested divorces in which there are no children can usually be completed in about 60 days. That’s not the case if there are minor children in the mix. In this scenario, there will be a waiting period of at least six months.
Contested divorces take longer because of the need to go through discovery. During this legal proceeding, you and your spouse will share information regarding your finances and other important details.
The court’s schedule plays a role in determining the timeline for divorce, too, as does the complexity of the issues involved. For example, if there are pensions, numerous high-value assets, or Social Security benefits that must be divided, these considerations can slow down the process.
Does Michigan Offer Legal Separation?
Michigan doesn’t offer legal separation as an alternative to divorce. However, the state does allow couples to elect an option called “separate maintenance.” With this course, you and your spouse can remain married but separate, allowing you to set up alimony arrangements and divide assets.
When Is Alimony Awarded in a Michigan Divorce?
Either spouse can request spousal support, also called alimony. The arrangements can be addressed while the divorce is pending or after the marriage has been dissolved.
There are three main types of alimony available to spouses who have relied on their spouse or ex-spouse for financial support. The most common option is the award of periodic alimony for the amount of time it will take the dependent party to support themselves.
If the dependent party is incapable of supporting themselves, either because of age, illness, or child care responsibilities, the court can order a permanent alimony arrangement. A third option allows for the payment of alimony to be made in a single lump sum rather than periodically.
How Are Alimony Amounts Determined?
The court will look at numerous factors to come up with a fair number.
There’s no formula that guides this process. Instead, the judge will consider how long the parties have been married, the current income and earning capacity of each spouse, and the standard of living to ensure that each party can maintain the same lifestyle they’re accustomed to.
Both parties’ ages and health will also be taken into account, as will the contributions each one made to the marriage. This includes both monetary contributions and unpaid services like domestic management and child-rearing.
The conduct of both spouses is another possible factor. Although there’s no need to prove fault in a Michigan divorce, misconduct like extramarital affairs or abuse can be influential when it comes to determining spousal support obligations.
How Much Does a Divorce Cost in Michigan?
Many factors can impact what the process will cost, including the county where you file, how complex or contentious the divorce is, and the attorney you work with. It’s wise to get a clear idea of a given lawyer’s fee structure and methods before you agree to work with them.
How Is Property Divided in a Michigan Divorce?
In Michigan, property is divided according to equitable distribution laws. With this legal framework, assets are apportioned fairly, though not necessarily equally. The courts have the authority to modify divisions based on the length of the marriage, spousal conduct, and many other factors.
The assets and debts that are subject to division are those that are classified as marital property. Anything that one of the spouses acquires from the moment of the union up to the divorce can be considered marital property.
Spouses have the opportunity to divide assets amongst themselves and then receive court approval. If you and your spouse can’t agree, you’ll have to go to court, where a judge will decide for you.
Is It Possible to Change Your Name After a Divorce?
Women who changed their names when they married can restore their unmarried names at the time of divorce. This stipulation can be included in the final judgment of divorce.
Once the judgment has been filed, you can proceed to make the change official with the federal government via the Social Security office. You’ll also need to alert the state by filing the correct forms with the Michigan Secretary of State’s office.
Does It Matter Who Files for Divorce in Michigan?
From a legal viewpoint, it makes no difference who files for divorce. However, being the one to initiate the process can give you the chance to request numerous orders from the court before your spouse is even notified that you’ve begun divorce proceedings.
These are known as “ex parte” orders. They make it possible for assets, child custody, and other arrangements to remain the same while divorce proceedings take place.
How Is the Complaint Served to the Other Spouse?
The complaint for divorce must be served to your spouse directly by an adult who isn’t a party involved in the proceedings. In other words, you aren’t allowed to serve the complaint yourself. Most spouses have a friend or relative do this on their behalf. If that isn’t possible, you can hire a company to perform the task.
Complaints can also be sent via registered mail. Along with the requisite paperwork, you’ll also need to file an affidavit of service.
Is It Necessary to Remain in Michigan After Filing for Divorce?
You don’t need to remain in Michigan once the proceedings have begun. Keep in mind, though, that the legal process will take place within the state. As such, you may need to make court appearances unless you get permission to be exempted.
What Happens if the Other Spouse Doesn’t Want to Divorce?
Since Michigan is a no-fault state for divorce, only one party has to allege that the marriage is broken to kickstart the process. If your spouse doesn’t want to divorce, they can delay the proceedings, but they can’t prevent them from occurring.
Is It Possible to File for Divorce While in the Military and Out of State?
The Servicemembers Civil Relief Act (SCRA) protects members of the military from the ramifications of certain civil legal actions, including divorce. If the military spouse decides to challenge the suit, they can request a stay to halt the divorce proceedings during their current term of service.
Conversely, if they agree with the suit, they can file a waiver of their SCRA rights so the divorce can continue.
Is It Necessary to Go to Court for Divorce Proceedings?
You’ll need to go to court at least once during the process. To issue a judgment of divorce, the court must have testimony as evidence that the marriage is broken. If the divorce is uncontested, the filing party will need to go to court to testify that there has been an agreement on all issues.
If such an agreement isn’t possible, you may have to participate in multiple court appearances. It’s imperative to attend all mandatory formal proceedings.
Is There a Waiting Period for Divorce in Michigan?
Every divorce in Michigan is subjected to a 60-day waiting period. If there are minor children from the marriage, that timeline extends to six months. Once that period has passed, a final judgment of divorce can be filed.
When Can You Remarry After Filing for Divorce?
You’ll remain married until a judge enters the final judgment of divorce, even in uncontested proceedings. If you try to remarry before this stage, the new marriage will be voided. As soon as the court recognizes the judgment, you’re free to remarry.
Do Prenuptial Agreements Protect Marital Assets?
Nuptial agreements, whether drawn up pre- or post-marriage, allow you and your spouse to define what property is individual and what is marital. If you end up getting divorced, having a prenuptial or postnuptial agreement can streamline the process considerably.
It’s possible to dispute the validity of a nuptial agreement, however. This can occur if one party didn’t enter into the agreement voluntarily, it wasn’t properly signed, or it was based on fraud or misrepresentation.
Even if you don’t have a nuptial agreement, you can create a separation agreement to address property division without the need to go to court. These agreements can also be useful for resolving child custody and alimony issues. Once you sign a separation agreement, it’s legally binding, and you won’t be able to change it easily.
Who Gets to Stay in the Marital Home?
If there are children from the marriage, the parent who receives primary custody is typically the one who stays in the home. Other arrangements could be made for marriages without children. Many couples choose to sell the home and divide the proceeds evenly.
Keep in mind that you can’t force your spouse to leave the property unless the house is in your name alone or you have a court order that forbids them from being there. This typically only happens when domestic violence is an issue.
Can Divorcing Couples Share an Attorney?
Divorcing couples can’t share an attorney, as doing so would create glaring conflicts of interest. You and your spouse must have separate legal representation. Make sure to hire a qualified attorney to effectively protect your rights and interests.
Will the Divorce Be Public Record in Michigan?
All court proceedings are public record in Michigan, including those involving divorce. However, it’s possible to keep property agreements private through a confidentiality agreement if you and your spouse choose to implement one.
Work With an Experienced Family Law Attorney to Navigate Your Divorce
If you’ve decided to divorce your spouse, you need trustworthy legal help. The skilled attorneys at Gucciardo Family Law can assist you with everything from filing the initial paperwork to preparing for court appearances. We’re dedicated to supporting Michigan residents going through some of the hardest moments of their lives.
Contact us today to learn more about beginning divorce proceedings
and the benefits of working with a qualified lawyer.
