The marital home is generally considered shared property, but it’s not realistic to expect both spouses to continue to live there after a divorce. If the house is not sold, it will most likely go to whichever spouse has custody of any children from the marriage.
Who pays attorney fees in divorce in Michigan?
The Michigan Compiled Laws Section 552.13(1) statute requires you to pay your spouse’s attorney fees.
How much does a divorce cost in Michigan with a lawyer?
How Much Does Divorce Cost in Michigan? There is no way of pre-determining the cost of a divorce, because no two cases are the same. However, according to a survey by Martindale-Nolo Research, the average cost of a divorce in Michigan is $12,900, ranging between $4,000 and $28,000 on average.
What is the average retainer fee for a divorce lawyer in Michigan?
In contested divorces, divorce lawyers typically ask for a “retainer,” which is an advance of the divorce lawyer’s legal hours. Excluding high asset cases, retainers for divorces generally run between $1500 to $5000.
Who pays the fees in a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
How is spousal support determined in Michigan?
There is no formula for calculating spousal support in Michigan. Spousal support is decided entirely by the court after evaluating 12 factors. These include each spouse’s age, health, needs, and earning capacity; each party’s conduct and contributions during the marriage; how the marital property was divided; and more.
Do you need an attorney for a divorce in Michigan?
Do I need a lawyer to get a divorce in Michigan? It depends on your situation. If you have an uncontested divorce, you may very well be able to handle the filing and the rest of the divorce process on your own, without hiring a lawyer. You may use the do-it-yourself forms available from Michigan Legal Help.
Is Michigan a 50 50 state in a divorce?
The division of property during a divorce in Michigan is not strictly a 50/50 arrangement. Instead this is decided based on what the judge determines to be equitable for both parties – legally referred to as “equitable distribution”.
How long does a divorce in Michigan take?
Average Timeline. The average timeline for most divorces in Michigan is about 60 days or two months. However, that estimation is dependent on a variety of factors. A more feasible estimate is between two and nine months.
Is it better to file for divorce first in Michigan?
Does it matter who files for divorce first in Michigan? No, from a legal perspective, it does not matter who files first for divorce in Michigan. However, filing first does present an opportunity for the initiating party to request various orders to the court before your spouse is notified of the divorce proceedings.
What is a retainer fee in a divorce?
Most attorneys require an initial retainer which on average is in the neighborhood of $3,000 to $5,000. A retainer is the amount of money that is paid to the attorney at the beginning of the attorney-client relationship.
How does divorce work in Michigan?
Michigan has “no-fault” divorce. No-fault means that you don’t have to prove cheating, cruelty, or anything else to get a divorce. Your spouse doesn’t have to agree to give you a divorce. You can get a divorce even if you are the person who did something that made your marriage end.
Can you get a divorce without going to court?
In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.
Do both parties pay divorce fees?
No. In most cases, the applicant pays the court fee; however, some couples agree to split the court fees between them, particularly if it is a joint application.
Who pays for the divorce Petitioner or Respondent?
The spouse or civil partner who applies for the divorce is known as the Petitioner and the other person is the Respondent. As they are the person applying for the divorce, the Petitioner will from the outset be responsible for the cost of the divorce.
Is it better to be the petitioner or the Respondent in a divorce?
There is no advantage or disadvantage to being either the petitioner or respondent. They are simply terms to make it easier to refer to each party during the divorce process.
How many years do you have to be married to get alimony in Michigan?
Some people believe that you have to be married at least ten years to receive spousal support or alimony in Michigan. This is also untrue. There is no specific number of years that one must be married to receive spousal support in Michigan.
Can a working wife get alimony?
The short answer is yes, a working spouse can receive spousal support in Texas.
Is Michigan a no alimony state?
Michigan permits spouses to request spousal support (also called alimony) if the requesting spouse can demonstrate a financial need and the other party can afford to pay. Spousal support is a payment from one ex-spouse to the other during or after a divorce.
What can you not do during a divorce?
- Don’t Get Pregnant.
- Don’t Forget to Change Your Will.
- Don’t Dismiss the Possibility of Collaborative Divorce or Mediation.
- Don’t Sleep With Your Lawyer.
- Don’t Take It out on the Kids.
- Don’t Refuse to See a Therapist.
- Don’t Wait Until After the Holidays.
- Don’t Forget About Taxes.
Is spouse entitled to 401k in divorce in Michigan?
Retirement Accounts in a Divorce Your investments and retirement accounts will likely be split like any other assets in your divorce. In Michigan, they would be separated equitably, which does not necessarily mean 50-50. Instead, they may be split according to what the court deems fair and equitable.
How does adultery affect divorce in Michigan?
Michigan is a no-fault divorce state, which means that adultery is not grounds for a divorce, because anyone can file for a divorce and no reason for the divorce is required. Because something like adultery does not matter in terms of filing for a divorce does not mean that proof of adultery is without great value.
Can you date while going through a divorce in Michigan?
Although there is no official law that forbids you from starting a new romantic relationship during your divorce, it may negatively impact the proceedings. There are several potential consequences of dating while going through a divorce. Here are a few of them: Dating may hurt your child custody case.
What is considered abandonment in a marriage in Michigan?
Abandonment and divorce in Michigan isn’t a thing. In short, there is no concern that you will be charged with abandonment. But there could be other negative consequences for leaving the marital home before the divorce is over: Your stuff somehow magically disappears or is destroyed.
How long after divorce can you remarry in Michigan?
Final court judgments dissolving a marriage may be entered either by petition of either party, or by the court, 6 months after the date of summons or after the respondent’s first appearance – whichever comes first. The final judgment restores each party to single status, allowing them to remarry.