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GENERAL
INFORMATION REGARDING DIVORCE IN MICHIGAN
The following material is intended to answer some of your questions
about divorce proceedings, generally.
It is not intended to answer specific questions about your
particular case, as each case is different.
The dissolution of a marriage may be a traumatic experience, and we
are well aware of the emotional involvement of the parties.
Though we are not behavioral specialists, we attempt to
relieve your anxiety by attempting to assist in solving the problems
which confront you during these proceedings.
In order to properly represent you, it is absolutely necessary for
you not only to provide us with all the facts concerning your
matter, but we must know your wishes, and we welcome your
viewpoints. Withholding
information from us may affect the outcome of your case, so we
advise you to be completely candid with us.
Remember that a fiduciary relationship exists between
attorney and client.
Please be fully advised that, though we will counsel and advise you
throughout the entire proceedings, the final decisions regarding
your case must be made by you.
Our experience has shown that most divorce cases are settled,
which means the parties eventually, through their attorneys, reach
an agreement which is placed upon the court’s record.
Never agree to something you do not understand nor something
you feel you are forced to agree to.
Your consent to an agreement must be voluntarily made, after
consultation with your attorney.
After an agreement is placed on the record, it is extremely
difficult to vacate.
Finally, as your representatives, we are here to advise and inform
you, cite the options and alternatives available to you, process
your divorce matter, assist you in decision-making, and cooperate
with you in attempting to obtain the best possible results in your
behalf.
GROUNDS
FOR DIVORCE
Michigan is known as a “no-fault” divorce state; however, the
words “no-fault” may be misleading.
If the parties reach a final settlement on all issues, fault
is not a factor. If
there is a dispute as to alimony, property, support, visitation or
custody, fault may become an active ingredient in resolving these
issues. That is the
reason we may go over with you a history of the indiscretions of the
parties.
Basically, Michigan has one ground for divorce, which is as follows:
“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.” (In
court, some judges require a detailed showing of the marital
breakdown; i.e., that the matrimonial objects have been destroyed
and there is no chance for a reconciliation.
Other judges require only one brief recitation of the facts
or merely an assertion that your marriage is dead, and you will
never live with your spouse as husband and wife.
In
Michigan, we have provided also for separate maintenance actions
which are generally seldom processed.
The procedure is relatively the same as in a divorce matter,
except that neither part may remarry.
Further, the law provides that if one party institutes a
separate maintenance suit, and the other party files for divorce,
the court will only consider the case as a divorce matter and cannot
enter Judgment of separate maintenance.
We also have annulment proceedings in Michigan, which invalidates a
marriage. Marriages may
be void from the inception, or are voidable depending on the
circumstances. The grounds include incapacity to marry such as
insanity, bigamy, under age, or any type of fraud that goes to the
heart of the marriage. Parties
desiring an annulment must not cohabit, after having discovered the
impediment to their marriage. If
you have any questions about Separate Maintenance or annulment,
please advise us of same, as the following material basically
concerns divorce (though there may be similarities with Separate
Maintenance and annulment actions).
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