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FAQs
Divorce
How do I obtain a divorce?
What is an absolute divorce?
What if my spouse does not want the divorce?
What are the mechanics of an Action for Divorce?
Does a spouse have to prove fault on the part of the other
spouse to obtain a divorce?
Does it matter who brings the action?
I don't understand the term, a "no fault" divorce.
Isn't it always someone's fault?
How long does a divorce take?
What is the difference between a legal separation and a
divorce?
What is an uncontested divorce?
How is property divided in Michigan?
Can I handle the divorce without an attorney?
What is alimony and who gets it?
I think my spouse is hiding assets. What can be done?
Who pays the attorney fees?
Who pays the bills while we are getting divorced?
How do I obtain a divorce?
In order to obtain a divorce in Michigan it is necessary that you show there has
been a breakdown in the marriage relationship to the extent that the objects of
matrimony have been destroyed, and there remains no reasonable likelihood that
the marriage can be preserved. A Michigan divorce case begins with the filing of
the Complaint for Divorce and a Summons with the Court.
What is an absolute divorce?
An absolute divorce is a divorce in which the marriage is completely dissolved
and both parties become single.
What if my spouse does not want the divorce?
Contesting a divorce in Michigan involves mediation and possibly a trial. If the
parties do not agree as to the assets and debts of the marriage, discovery will
occur as well. Ultimately, neither party can stop a divorce from occurring but
either party can make it more difficult than it needs to be.
What are the mechanics of an Action for Divorce?
At least one of the parties to an action for divorce must have resided in the
State of Michigan for at least 180 days immediately prior to the filing of the
complaint, and must have resided in the county of filing for at least 10 days
immediately prior to the filing of the complaint.
Does a spouse have to prove fault on the part of the other
spouse to obtain a divorce?
No. However, when the court makes a division of property in a divorce case it
can decide that one party is more at fault than the other and therefore entitled
to more property. Usually, fault does not play a very big role in the division
of assets, however, the court has great powers of equity that can be used when
necessary to create a fair division of assets.
Does it matter who brings the action?
Michigan is a no-fault divorce state. It does not matter who brings the action,
however, in some situations such as when the parties have been separated and
there may be a custody dispute the first party to the courthouse may gain an
advantage.
I don't understand the term, a "no fault"
divorce. Isn't it always someone's fault?
Michigan is a "no-fault" state. The court has the power to terminate
the relationship between the parties regardless of who did what to whom. Fault
does play a role however, in the court's determination of child custody,
property rights and spousal support.
How long does a divorce take?
At a minimum, if there are no children involved, a divorce may be granted in 60
days. However, typically a divorce will take 6 months from beginning to end.
When children are involved, a divorce may take longer.
What is the difference between a legal separation and a
divorce?
Many divorcing couples believe that they are 'legally separated' after one of
them has filed for divorce. This is not true. Michigan does not require couples
to separate when a divorce is filed. In Michigan, legal separation is known as
"separate maintenance." The procedure is similar to a divorce, except
that neither party may remarry. These type of separations are rare. When parties
are willing to go to the trouble of engaging the legal system they generally
prefer divorce.
What is an uncontested divorce?
An uncontested divorce occurs when there are no disagreements between you and
your spouse over any financial or divorce-related issues (i.e., child custody
and support, division of marital property or spousal support); and your spouse
either agrees to the divorce, or fails to appear in the divorce action.
How is property divided in Michigan?
Michigan is an "equitable distribution" state, meaning that all
marital property acquired during the marriage is subject to division. Property
brought into the marriage that a person had before is generally not subject to
division in a divorce, however, commingling of money and long term marriages can
greatly complicate this issue. In addition, most divorcing spouses set out who
will pay what debts as part of their marital settlement agreement during the
divorce process, and close all of their joint accounts.
Can I handle the divorce without an attorney?
Yes. However, of great concern is the fact that a divorce judgment will
permanently extinguish certain rights, including the right to equitably
distribute your property and the right to spousal support if you do not
"preserve" those claims prior to the entry of the divorce judgment.
Judges and court personnel are legally prohibited from giving legal advice.
Anyone who can afford counsel should be represented in a divorce. Everything you
own, including retirement assets, real estate, business interests, commissions,
etc. is being divided and at risk. Save yourself some time, frustration, and
heartache, hire a lawyer at Paul J. Tafelski, P.C. to assist you with this
matter.
What is alimony and who gets it?
In Michigan, alimony is called Spousal Support. It is support that one spouse
has to pay to the other after a divorce is finalized. It can last for a short
time. This is called rehabilitative spousal support and is intended to help the
other spouse transition back into the workforce. It is often common when one
spouse stayed at home with children while the other worked. Since it usually
takes time to get a good career going a spouse may need spousal support for a
period of time as they get back to work. Long term or permanent spousal support
usually occurs after a long term marriage where a spouse, usually the wife, has
been out of the work force for decades and has no real prospects for ever being
able to earn income comparable to the other spouse. It is important that the
issues of need, equity, earning ability and length of marriage be thoroughly
analyzed by an experienced professional when spousal support is at issue.
I think my spouse is hiding assets. What can be done?
Your spouse is not the first who tried to hide assets in a divorce. Experienced
counsel has many tools to try and locate hidden assets. Tax returns, bank
statements, credit card bills all provide clues to assets. More sophisticated
methods are also worthwhile in high dollar cases. Don't give up on what is
rightfully yours without a fight.
Who pays the attorney fees?
Often both parties pay their own attorney fees. However, where one party has a
superior financial advantage the other spouse can often be required to pay the
fees throughout the divorce.
Who pays the bills while we are getting divorced?
Usually, the court will require the parties to continue paying any bills and
obligations they were paying during the marriage. This is called maintenance of
the status quo. If either party moves out of the marital home during divorce
they will still be required to pay their share of the bills absent strange
circumstances such as domestic violence.
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