There are 2 main ways to end a marriage: divorce and legal separation. It is not necessary for both spouses to agree to end the marriage. Either spouse can decide to end the marriage, and the other spouse, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the divorce. If a spouse does not participate in the divorce case, the other spouse will still be able to get a “default” judgment and the divorce will go through. If you are considering filing for divorce, or have been served with divorce papers, the attorneys at Davison Legal Associates, P.C. will assist you through your case.
Michigan is a “no fault” divorce state, which means that the spouse that is asking for the divorce does not have to prove that the other spouse did something wrong. Either spouse can decide to end the marriage even if they have no reason other than irreconcilable difference. The court does not give any preference to the first person to file. Keep in mind that it does not matter who is the first to file the divorce or legal separation. The first person to file is the person who is going to pay the court required filing fee.
The length of time for a divorce can vary depending on whether there are minor children involved or not. A divorce without minor children is a minimum of 60 days (2 months) before it can be final. If it’s a divorce involving minor children, the minimum amount of time is 180 days (6 months). Divorces can take a lot longer depending on whether the parties agree or disagree about the terms of the divorce, custody, parenting time, spousal support (alimony), child support, pensions, retirement accounts, real property and personal property.
The attorneys at Davison Legal Associates, P.C. will fight to ensure that you receive a fair and equitable division of the martial property and that the custody and parenting time arrangements are in the best interest of your children. Contact our office to schedule your consultation.