Frequently Asked Questions About Divorce

Divorce can be a challenging and emotionally charged process, leaving many with unanswered questions about what to expect. Below, we answer some of the most commonly asked questions about divorce to help you navigate this difficult time.

1. What Are the Grounds for Divorce in Michigan?

Michigan is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse to file for divorce. The only requirement is to demonstrate that the marriage has broken down irreparably, and there’s no reasonable likelihood of reconciliation.

2. How Long Does the Divorce Process Take?

The time frame for divorce in Michigan depends on whether you have minor children. Without minor children, the waiting period is typically 60 days. If you have minor children, the waiting period extends to six months. However, complex cases involving contested issues can take longer to resolve.  For more information on divorce in Michigan visit our Divorce page on our website.

3. How Is Property Divided in a Michigan Divorce?

Michigan follows the principle of equitable distribution, which means marital property is divided fairly but not necessarily equally. Courts consider factors such as the length of the marriage, contributions of each spouse, and future earning potential when dividing assets.

4. What About Spousal Support?

Spousal support, also known as alimony, is determined on a case-by-case basis. Factors influencing spousal support include the length of the marriage, each spouse’s income and earning capacity, age, health, and contributions to the household or career of the other spouse.

5. How Is Child Custody Decided?

In Michigan, child custody decisions are made based on the best interests of the child. Courts evaluate factors such as the child’s emotional ties to each parent, each parent’s ability to provide for the child’s needs, and the stability of the home environment. Both legal custody (decision-making authority) and physical custody (where the child lives) are considered.  For more information on child custody in Michigan visit our Child Custody page.

6. Can We Settle Our Divorce Without Going to Court?

Yes, many couples opt for mediation or collaborative divorce to resolve their issues outside of court. These methods can save time, money, and emotional stress. However, a judge will still need to approve the final agreement to make it legally binding.

7. What Happens to Retirement Accounts in a Divorce?

Retirement accounts are often considered marital property and may be divided during a divorce. A Qualified Domestic Relations Order (QDRO) is typically required to divide these accounts without tax penalties.

8. Do I Need a Divorce Lawyer?

While it’s possible to file for divorce without an attorney, having legal representation ensures your rights are protected and helps you navigate complex legal issues. A divorce lawyer can provide guidance on property division, child custody, and spousal support to achieve the best possible outcome.

9. What Should I Do First if I’m Considering Divorce?

If you’re considering divorce, take these initial steps:

• Gather important financial documents.
• Create a budget for life after divorce.
• Consult with a divorce attorney to understand your rights and options.
• Focus on self-care to manage stress during the process.

10. How Can I Prepare for Life After Divorce?

Life after divorce may require financial planning and emotional adjustment. Consider working with a financial advisor to reassess your budget and savings goals. Seek support from friends, family, or a counselor to help you transition into your new life.

Optimize Your Divorce Journey with Legal Guidance

At Legacy Legal & Business Services PLC, we understand that divorce is a deeply personal and life-altering event. Our experienced family law attorney is here to guide you every step of the way, ensuring your rights and interests are protected. Contact us today for a consultation at (616) 681-0100 and take the first step toward a brighter future.