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Marital property gets divided in your divorce. Most property you or your spouse got during your marriage is marital property. If there is a title or deed, it does not matter whose name is on it. It is still marital property unless it was a gift or inheritance.
While filing for divorce first does not give you any inherent rights over your spouse, it does allow you more control over the situation from the beginning and could provide some strategic benefits.
The answer depends on the circumstances of your case. While your rights are the same regardless of who files, there may be some procedural advantages to filing first. Here, our Clinton Township divorce lawyers explain the key things to know about the order of filing for divorce in Michigan.
The first step is to file a Complaint for Divorce. The Complaint must also state that the party filing the Complaint has lived in Michigan for 180 days and in the county in which they are filing for 10 days. You will need to sign the Complaint for Divorce.
To get a divorce in Michigan, at least one spouse must testify that ?there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.? This means there has been a serious, permanent, ...