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Michigan is an equitable distribution state. This means courts will attempt to divide property and assets in a divorce in a fair and equal way but it doesn't mean that the assets will always be divided on a 50/50 basis.Separate property can become marital property if it is commingled with marital property.
From a legal perspective, it generally does not matter who files for divorce first.Filing first creates an opportunity to present the court with various orders before your spouse is notified of the Michigan divorce proceedings. The orders are called Ex Parte, which means literally, on one side only.
In Michigan, you may be relieved to know, the short answer is no. If one spouse wants a divorce, the other spouse cannot prevent it. If your spouse refuses to participate in the process, your divorce can be finalized within a matter of months.
Michigan has no-fault divorce.Although you don't have to prove fault to get a divorce, a spouse's behavior during the marriage can impact the outcomes of your divorce. The judge can consider fault in making decisions about spousal support (alimony) and dividing property.
Find the Default Request and Entry form that was prepared when you used the Do-It-Yourself Divorce tool. Enter your case number and the name of the assigned judge in the top right corner of the form. Take the Default Request and Entry form to the court clerk's office. The clerk will sign the form, entering the default.
California is a no-fault state when it comes to divorce or legal separation. It does not matter if you are filing for divorce because your spouse cheated on you, or because you just don't get along anymore.
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.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
You or Your Spouse Must Be a Resident Either you or your spouse must have lived in Michigan for at least the last six months before filing. You must file your divorce in circuit court in the county where either you or your spouse has lived for at least ten days before filing.
Find the Default Request and Entry form that was prepared when you used the Do-It-Yourself Divorce tool. Enter your case number and the name of the assigned judge in the top right corner of the form. Take the Default Request and Entry form to the court clerk's office. The clerk will sign the form, entering the default.