Does the person who files for divorce first have an advantage?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. … This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets.
Is Michigan a 50 50 state in a divorce?
No. Michigan divides marital property using the theory of “equitable distribution”. Community property states attempt to distribute property as close to a 50-50 split as possible.
How long do you have to be separated before divorce in Michigan?
If there are no children involved, a divorce may be granted in 60 days. When children are involved, a divorce cannot be granted until six months have passed. However, these are minimum waiting periods; depending on the circumstances, a particular divorce case could take far longer.
Does it matter who starts the divorce?
In legal terms it should have no impact on the eventual outcome whoever starts the divorce process. However, in some circumstances it does make a difference who petitions for divorce. There may be financial implications, for whoever files the petition will incur additional court costs.
Can my wife take everything in a divorce?
But no court awards all of one spouse’s property to another because the court must follow certain factors and considerations when deciding who gets what. …
What can you not do during a divorce?
Top 10 Things NOT to Do When You Divorce
- Don’t Get Pregnant. …
- Don’t Forget to Change Your Will. …
- Don’t Dismiss the Possibility of Collaborative Divorce or Mediation. …
- Don’t Sleep With Your Lawyer. …
- Don’t Take It out on the Kids. …
- Don’t Refuse to See a Therapist. …
- Don’t Wait Until After the Holidays. …
- Don’t Forget About Taxes.
Who gets the house in a divorce in Michigan?
Community property states divide marital property equally between the spouses in order to reach as close to a 50/50 split as possible. However, the equitable distribution standard results in a property division that’s fair and equitable considering all of the circumstances of the case.
How is debt divided in a divorce in Michigan?
Equal. Under Michigan law, courts must split marital assets and debts “fairly”. But this doesn’t necessarily mean “equally”. For example, it wouldn’t be fair for one spouse to take half the marital debt if that spouse doesn’t have a source of income to pay that debt.
How do you qualify for alimony in Michigan?
There is no formula for calculating spousal support in Michigan. Spousal support is decided entirely by the court after evaluating 12 factors. These include each spouse’s age, health, needs, and earning capacity; each party’s conduct and contributions during the marriage; how the marital property was divided; and more.
Can you date while separated in Michigan?
Dating while divorcing in Michigan will not necessarily harm you legally, but it can impact aspects of your divorce. … If adultery played a role in the divorce, the court may award the innocent spouse more assets, including spousal support.
How much does the average divorce cost in Michigan?
In Michigan, the average cost for a non-contested divorce can range from $1,200 to $1,500 with court filing fees and other legal documents. If your divorce is contested the costs can dramatically increase with a base price starting at $5,000.
Can you get a divorce in Michigan without a lawyer?
The decision to get a divorce is never easy, as anyone who has gone through the process can tell you. Fortunately, actually getting divorced in Michigan is fairly straightforward and may be able to be completed without a lawyer – as long as you meet the necessary criteria for an uncontested divorce.
Who pays for a divorce in UK?
Usually, the person who applies for a divorce (also known as the ‘petitioner’) has to pay the fee. If you’re applying for the divorce, you’ll need to pay a £550 fee when you send your divorce application to the divorce centre.
What happens if husband filed for divorce first?
Have a Say in Divorce Proceedings –The spouse who files first may have the chance to decide when court dates are established. … It can also stop your spouse from hiding money or assets before the break up. May Be the First to Present Your Case – In some instances, the court will look at the papers that were filed first.