Couples in some marriages and unions may not have experienced the type of marriage that they have always wanted to have. This is not an unusual case in America, particularly in Michigan. Couples experience different kinds of unresolved problems. These problems then may cause the need for a divorce attorney to make the separation legal. Sometimes, divorce cases are usually just filed by one party, and in some cases, both parties involved are amendable to the agreement.
However, it takes more than just a simple agreement between two parties. You and your partner, even if you are both agreeable to the terms already, would have to file a divorce in Michigan or wherever it is more convenient for either party. This is so you can formally legalize the separation of your marriage. Dealing with divorce and everything that comes with it may be hard. Here are some of the things you would need to know when getting a divorce.
You cannot just file a divorce in Michigan. The process is not that simple. You cannot simply pinpoint a particular place and decide that you are going to get a divorce in that place just because you like to settle it in that area. The state of Michigan requires at least one of the pursuing parties involved has been a resident of Michigan for at least 180 days and 10 days as a resident of the country. There are several instances wherein the 10-day requirement could be waived. These are the following:
- The defendant was born in, or a citizen of, another country other than the United States
The parties have a minor child
There is information that the minor child may be taken out of the United States when the divorce is granted
If the breakdown of the marriage happened outside of Michigan, one party must be a resident for 1 year. However, if this isn’t possible, you should be able to produce proof that both parties lived together during the course of their marriage and marriage breakdown.
After knowing whether or not you could file a divorce in Michigan. You should now talk to your divorce attorney about what’s going to happen. Chances are, you are not familiar with the technical legal terms. But you shouldn’t worry about that. Your lawyer will be the one to inform you about it. Basically, you will have to choose on what type of divorce claim you are going to file.
Usually, you could file for an uncontested divorce. This is the simplest and easiest case that you can file. Filing this would mean that you and the other party agree to the ownership of properties and child custody. If you don’t have any problems when it comes to the divisions of such resources, then it’s best that you choose this route. Not only that it would simplify the divorce procedures, but it will also significantly expedite the process.
Grounds For Divorce
It’s not all the time that you would encounter something unlawful for you to get a divorce. Usually, there should be a justifiable reason and grounds for getting a divorce in the court of law. But this happens from one state to another. Michigan is one of those states wherein you can file for a no-grounds divorce. This means that you acknowledge that there are no other reasons you should cite when getting a divorce.
To do this, you would have to state in your Complaint of Divorce 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.” Once you cite this as the reason of your filing of divorce, you are not allowed to submit any explanations or details further since you are filing for a no-fault case.
Division of Property
When you and your partner get a divorce, it is almost a common fact that you should know your properties and debts will be split among the two of you. There are different rules regarding this for different states. For Michigan, however, it is indicated in their divorce law that there are no specific property division guidelines between parties. The judge will be the one to divide the property. This is a decision in which the judge uses his or her own line of reasoning which “shall deem to be just and reasonable.”
Can You Date While Going Through a Divorce?
Dating someone while you are going through a divorce won’t be a good idea. This is because it could affect your divorce claims negatively. If you think that it is harmless to see someone else while you’re on the process of legally separating with your spouse, here are some of the reasons that might urge you to want to think about the situation again.
- It can affect the spousal support you can get.
There’s no such thing as a clean breakup. Or if there is, then the process should have gone through an agreement. Spousal support is a legal technicality that would be tackled and contested upon by each parties’ divorce lawyers during the process. Dating someone or having sexual relationships with another person could merit you to give higher amounts of spousal supports under the grounds of adultery.
- It can affect your settlement strategy.
Your divorce lawyers will try to get you the best settlement as much as possible. You could mess this up by seeing someone else during the process of your divorce.
- It could affect the way how you settle things.
When it comes to the court of law, it is important that you should know that the judge takes into consideration all of the possible factors that will affect your divorce. You might think that is something personal and out of line. But when it comes to your settling divorces, the judge always looks upon the type of character that you have.
The goal of a divorce should be for you to get the best settlement case possible. Sure, you can hire the best divorce lawyers in Michigan. But you can also definitely do something to help your lawyers present your case. One of which is trying to avoid any sexual relationships that can lead to the grounds of adultery when your divorce case is being evaluated.
Get The Best Divorce Lawyers
Do you want to have the fairest divorce settlement? Then the best way for you to go is to consult with the best divorce lawyers Michigan has to offer. Getting through a divorce may be a long and tedious process. But you shouldn’t worry about dealing with it all on your own. With the right divorce attorney, you are bound to get the divorce done in no time.