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Commonly Asked Questions About Divorce

by | Oct 7, 2020 | Uncategorized |

Getting divorced in Michigan can be complicated, and you probably have many questions. There are a variety of legal issues to consider in every divorce under Michigan law, and it is always important to have an experienced Michigan divorce lawyer representing you in your divorce case. However, you should also educate yourself about the divorce process as you make plans to file for divorce or to hire a lawyer. The following are some commonly asked questions about divorce, along with our answers. As you read through these, you should keep in mind that divorce cases can vary depending upon the specific facts of your situation, and it is critical to have your case evaluated by an experienced divorce attorney in the state. 

Q: How Does the Divorce Process Work in Michigan?

The divorce process can vary depending upon the particular facts of an individual case, but in general, Michigan law says that the divorce process begins when one of the spouses files a complaint for divorce. That complaint is served on the other spouse, who has the opportunity to answer. Then, the parties may go through processes of property division, spousal support determinations, and child custody and support determinations before the court issues a judgment. 

Q: What is a Michigan No Fault Divorce?

A “no fault” divorce means that the parties seek a divorce based on “irreconcilable differences,” as opposed to assigning fault to one of the parties in a divorce case. You should plan for a no fault divorce if you are getting divorced in Michigan.

Q: Will I Need to Go Through a Child Custody Case if I Get Divorced?

You will only need to go through a child custody case if you have minor children from your marriage. If you do have minor children from the marriage, then the court will need to consider child custody as part of your divorce case. In situations in which the parents can work together and communicate, they can play a role in developing the parenting time arrangement.

Q: Can I Lose My House in a Divorce?

You can lose your house in a divorce in some circumstances. First, the house must be classified as marital property. Then, if the court requires it to be sold and for the proceeds to be distributed between the spouses, or if the court distributes the house to the other spouse, you may not be able to keep it. Courts in Michigan rely on the theory of equitable distribution to divide marital property. 

Q: What Does Equitable Distribution Means?

Equitable distribution means that a Michigan divorce court will divide all marital property in a manner that is fair or equitable to both spouses.

Q: How Long Will My Divorce Case Take?

The length of divorce cases can vary greatly, depending upon a number of different factors. One of the major factors affecting the length of the divorce is whether the divorce is contested or uncontested. If the divorce is contested and the parties need to have the court make a decision about an issue such as property division or child custody, the case will take more time. Other factors, such as the amount and complexity of marital property, and whether there are minor children from the marriage, will also affect the length of your case. A divorce lawyer in Michigan can give you a better sense of your timetable after evaluating your specific case.

Contact a Michigan Divorce Lawyer

If you have additional questions or want advice about a divorce issue that is specific to your situation, an experienced Michigan divorce lawyer can help you. Contact the Law Offices of Michael A. Robbins for more information.