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5 Michigan divorce FAQs

Unfortunately, not all marriages work out. If you are considering a divorce in Michigan, Selleck Legal, PLLC, is here to help. We've compiled a list of some of the questions we are most frequently asked to help you learn more about how divorce works in the state of Michigan.

1. How quickly can I get divorced in Michigan?

Typically, it only takes about 60 days before a divorce is finalized. However, if you have children that are dependents, you will have to wait a period of six months before finalizing the divorce. In some cases, both with and without children, divorces can take longer depending on the individual circumstances of the case.

2. What are the legal grounds to obtain a divorce in Michigan?

As a no-fault divorce state, in Michigan, the only stipulation for getting a divorce is proving there is a breakdown of the marriage relationship. Neither party has to prove their partner's guilt or neglect for the divorce itself, but the courts can use this information to determine child custody.

3. Is there always a courtroom trial?

No. There are alternatives to trial, including mediation, which many divorcing couples choose in order to save money and emotional turmoil. If you can come to an agreement yourselves, through negotiation with your lawyers or through mediation, it will likely also be the fastest path to finalizing your divorce. Additionally, you will stay in control of the final outcome, rather than leaving important decisions in the hands of a judge.

4. What if I own a business myself or with my spouse?

Regardless of whether you own a business together or separately, the assets earned from the business during your marriage will be divided equally. Each party must calculate the assets and liabilities they have accumulated during the marriage, including the value and profits of your business, and then split it equitably between each other. This process be complex and often requires assistance from financial experts.

5. How is same-sex divorce handled in Michigan?

Divorce law in Michigan is the same for everyone. However, same-sex couples often face a unique set of problems. For example, if you are parents and one of you is the biological parent, establishing a custody arrangement can be complicated. Additionally, some same-sex couples may have adopted children together, but only one of the partners is the legal parent of the child. This can make it extremely difficult to settle custody issues without experienced legal representation.

If you have more questions about getting a divorce in Michigan or are ready to move forward, please contact us. We offer free initial consultations so that you can consider all of your options.

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