Does it matter if you are the filing spouse in the divorce action (known as Plaintiff) or you are the responding spouse (known as Defendant)? The quick answer is no. Whether you or your spouse file the Complaint for Divorce, it does not place you in a better or worse position with the court.
MOST COMMON MISCONCEPTIONS SHARED WITH SCHMITT LAW, PLLC AS IT RELATES TO FILLING A DIVORCE ACTION:
- I will receive more in the divorce settlement if I file the divorce
- I will be given preference by the judge if I file the divorce
- The judge will automatically believe my spouse is bad simply because I filed the divorce
- The judge will automatically favor me, or have sympathy for my situation because I filed the divorce
- If I am the defendant in a divorce action, I will be treated differently than the Plaintiff
- If I file the divorce, I will automatically be given custody of the children
- In the reverse, if I am the Defendant, I will not be given custody of the children
- Plaintiffs always win and Defendants always lose in a divorce action
THE TRUTH
To summarize, it doesn’t matter to the court which spouse files the divorce action. In the State of Michigan, division of personal and real property are determined based on what is equitable and fair – and not on which spouse filed the divorce action.
And in the State of Michigan, custody and parenting time are determined based on the best interests of the minor children – and not on which spouse filed the divorce action.
GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
If you filed for divorce, or are considering filing in the near future, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan divorce cases and the related issues that frequently come up in the divorce process, including spousal support, child custody, and child support. We provide custom-tailored legal advice and solutions for clients. To learn more about how we can help you through the divorce process, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 608-4634 to schedule a consultation.
