Family Law: Divorce Cases in Michigan
Although the divorce rate in Michigan is well below the national average of approximately 50%, each year thousands of marriages in Michigan end in divorce. If you are contemplating a divorce, or are currently going through a divorce, you will need to understand the process and know your rights.
Michigan is a “no-fault” divorce state. This means that “fault”, or grounds for seeking a divorce, are not required. A party seeking a divorce does not need to prove fault such as abuse, neglect or infidelity. Michigan law provides for termination of a marriage upon a finding that there has been “a breakdown of 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.”
If there are no children involved, a divorce in Michigan may be granted in as little as 60 days. If children are involved, a divorce may not be granted for at least six months. These are the minimum waiting periods in Michigan, however, most divorce cases take significantly longer to resolve due to issues involving property division, custody, parenting time, asset determination and valuation, including pension, retirement plans and advanced professional degrees. Proper investigation, disclosure and valuation of all marital assets is crucial in a divorce to arrive at an equitable and fair division of property. Although Michigan is a “no-fault” divorce state, “fault” may play a role in the court’s determination of property rights, distribution as well as custody and parenting time issues.
Factors to consider while contemplating divorce include protecting yourself financially, emotionally and physically. Steps should be taken prior to actually filing for divorce which will assist you through the process as well as in the future. Establishing credit in your own name, gathering financial information and documents, and insuring that you and your children are safe are critical steps to take prior to any legal action being filed.
Chapman Law Group is dedicated to assisting our clients through this difficult and complex process. We will support and guide you through each step while pursing every legal course of action available to obtain a fair and equitable result. If you are considering divorce or have any questions related to the divorce process, call Chapman Law Group to speak to one of our dedicated and experienced family law attorneys.