Question: What happens if I file for a divorce and my spouse does not want a divorce?
Answer: Your spouse will not be able to prevent you from obtaining a divorce. Even if your spouse tells the court they do not want the divorce, the judge will still grant your divorce.
Question: What do I need to show the court to be granted a divorce in Michigan?
Answer: Michigan is a no-fault state. You only need to show the court that there has been a breakdown of the marriage, that the objects of matrimony have been destroyed, and there is no reasonable likelihood that the marriage can be preserved.
Question: Do I need an attorney to file for a divorce?
Answer: You are not required to have an attorney to file or complete your divorce. However, as some divorces have complicated issues, it may be wise to consult with an attorney to learn what your rights and responsibilities are as it relates to your divorce. And if your divorce is complex, it may best to have an attorney represent you in your divorce matter to protect your rights to real property, retirement accounts, spousal support, debts, custody, parenting time, and child support.
Question: How long will my divorce take?
Answer: Under Michigan law, if there are no minor children of the marriage, the mandatory wait period is 60 days from the date of filing the complaint for divorce. If there are minor children of the marriage, the statutory wait period is six months from the date of filing the complaint for divorce. These statutory wait periods are defined in MCL 552.9(f).
Question: Can I change my last name in the divorce action?
Answer: After your divorce action is final, you cannot change your name and would be required to file a name change case. I encourage all female clients to place a provision in the Judgment of Divorce giving them the right to change their name, but not requiring them to do so.
Question: Will I be able to stay in the marital home during the divorce?
Answer: While the divorce is pending, either party may reside in the marital home, unless the court has entered an order granting one party exclusive use and possession of the marital home.
Question: What if I have been granted the marital home in the divorce, and my spouse will not sign a quit claim deed giving me sole ownership of the marital home.
Answer: You may obtain a certified copy of your Judgment of Divorce and record it at the recording office instead of recording a quit claim deed.
Question: Is trial necessary in every case?
Answer: If you and your spouse agree on the terms of your divorce, you can complete a Judgment of Divorce, each of you sign it, and present it to the court for entry. A trial would not be necessary. In many cases, parties reach an agreement either through their respective attorneys or through mediation, making trial unnecessary.
AN ATTORNEY WHO UNDERSTANDS YOUR CIRCUMSTANCES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
At Schmitt Law, PLLC, our clients benefit from years of experience. We treat every client as an individual, taking the time to understand your unique situation, so as to best advise you on the steps you should take. Whatever stage your life is at, you can trust Schmitt Law, PLLC to guide you through the legal process with expertise and compassion, because we understand that family comes first. Contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.
