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What Are Some Things To Know Before Filing A Divorce In Michigan?

What Steps Need To Be Taken To Prepare For A Divorce?

There are many considerations when preparing for a divorce. As a starting point, there are financial matters that should be addressed, and the client should be fully aware of all accounts and balances, all monthly bills and financial obligations, monthly budget, and personal finances.

All too often, we meet with clients who are busy working and hand over their paycheck to their spouse. They don't know what the bills are, what their assets are, or what their debts are. It would be far more beneficial for the client to educate themselves on these financial matters before starting a divorce.

It is also important to get a sense of what assets you have and the value of those assets, whether it’s a house, a car, or an investment account. Potential clients should also look at creating a monthly budget when preparing for divorce.

If you have minor children, it's important to take a good look at what type of schedule the children currently have with school and extracurricular activities and how this fits into your work schedule. Discussions will occur during a divorce case regarding custody and parenting time, and you should be prepared to answer questions regarding what a realistic parenting time schedule should be.

It is also a good practice to look at how you are perceived by others. For example, what are you posting on Facebook, Twitter, etc.? What are you telling other people? It is a good time to back away from social media and commenting on anything in your personal life that can be misconstrued and used against you later in the divorce matter.

Prior to a divorce, it’s also important to consider how arguments transpire and any potential threats of violence. Are there guns in the house, or are there other things that may be questioned if a divorce is happening and arguing escalates? It's better to position yourself on those issues early before mistakes are made.

What Are The Valid Reasons For Divorce In Michigan?

There are many valid reasons to seek a divorce.  The most common reasons people want to divoice involve adultery or accusations of unfaithfulness. Financial disputes are also very common problems in a marriage.  However, you do not need a reason to file for divorce in Michigan because it a "no-fault" state. This means you do not have to prove adultery, abuse, abandonment or any other types of issues to have the right to file for a divorce.

In Michigan, if one spouse wants a divorce, it will be granted with no dispute. The disagreements in a divorce case are usually due to all the issues that need to be resolved to complete the divorce. There is no disputing the divorce itself.

People may have disagreements regarding custody, parenting time, financial matters, or division of assets and debts, but they cannot dispute the fact that a divorce itself is requested. There is no way to prevent a divorce if your spouse files for one, at least not through the court system.

Does The State Of Michigan Require A Separation For Filing For Divorce?

Michigan does not require a period of separation for filing for divorce like some other states do. The question then becomes whether or not you continue to live with your spouse at the beginning stages of divorce or throughout the divorce. There is no legal requirement for you to live together during the divorce case.

However, there definitely can be issues with moving out of the house prematurely or moving out without a plan. The preliminary advice is always to stay put and not make plans to move out of the house if there are minor children. It becomes less of a concern to move out when there are no children at the beginning of a divorce.

If you are not sure of how to proceed with a divorce in Michigan, call the American Divorce Association for Men for a FREE initial telephone consultation at (248) 327-0050.

About ADAM (American Divorce Association for Men)

The American Divorce Association for Men (ADAM) is a group of highly qualified attorneys who advocate for men’s rights in divorce, child custody and parenting time, paternity, support, property settlement, post judgment modifications, and other family law matters. Since 1988, ADAM has been aggressive, diligent, and uncompromising when representing their clients. A team of compassionate and skilled family law attorneys, ADAM is dedicated to being Michigan’s leading divorce attorneys for men.

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