DIVORCE

In Michigan, we follow a “no-fault” divorce system. This means that you don’t have to provide proof of fault to obtain a divorce. However, it’s important to note that fault can still be considered by the court when determining matters such as property division and alimony. In your Complaint for Divorce, you simply state that the marriage relationship has irretrievably broken down and there’s no reasonable likelihood of reconciliation. It’s worth mentioning that Michigan does not recognize common law marriage. Therefore, if you and your spouse lived together as boyfriend and girlfriend for a certain period before marriage, only the years of marriage will be considered when determining alimony, not the preceding years as a couple. After filing the Complaint for Divorce, there is a mandatory waiting period of at least 60 days before the case can be finalized. If there are minor children involved, the waiting period extends to six months. However, if all the issues are resolved before the six-month mark, many judges will waive the longer waiting period. Regarding the division of property, the general rule is to divide assets and debts equally (50/50) if they were accumulated during the marriage. However, there are exceptions to this rule. For instance, if you inherit a sum of money during the marriage but keep it in a separate bank account solely under your name, most courts will consider it as “separate property.” Similarly, if your spouse incurs significant credit card debt for gambling without your involvement or consent, that debt will likely be the sole responsibility of the gambling spouse.

In cases where the parties cannot agree on custody or alimony, the court typically orders them to participate in mediation. Mediation involves a neutral third party, often a Family Law Lawyer with specialized training, who acts as a referee to help facilitate a settlement between the parties and their attorneys. Mediation is a cost-effective and efficient alternative to a full trial and can greatly expedite the resolution of a divorce. Once the case has been settled or after a trial, a Judgment of Divorce is prepared. This document is of utmost importance as it addresses custody, parenting time, child support (if applicable), division of assets, and alimony (if applicable), as well as the allocation of debts. With over 20 years of experience focusing on Divorce Law, Attorney Erica L. Cicchelli is dedicated to providing the best possible legal representation. Her commitment to clients and her personal experience as a proud parent make her well-equipped to assist you during this challenging and stressful time. Contact Erica today for a complimentary initial office consultation to discuss how she can help you achieve success.