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.
Table of Contents
How much does a divorce lawyer cost in Michigan?
On average, Michigan divorce lawyers charge between $225 and $270 per hour. Average total costs for Michigan divorce lawyers are $9,500 to $11,300 but typically are significantly lower in cases with no contested issues.
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.
What is the average retainer fee for a divorce lawyer in Michigan?
An average retainer ranges between $3500 and $7000. As your attorney works on your case, hours will be charged against your retainer and reflected on your monthly bill. Hourly rates range from $275 to $400. When your retainer is nearly depleted, you will be asked to replenish it.
How much does an average divorce cost in Michigan?
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.
Is Michigan a 50 50 state in a divorce?
No. Michigan divides marital property using the theory of “equitable distribution”. Community property states attempt to distribute property as close to a 50-50 split as possible. Equitable distribution states divide property based on a determination of what’s fair under the circumstances of each case.
Does it matter who files 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.
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?
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.
Can you file for divorce in Michigan without an attorney?
It is possible to get a divorce in Michigan without using a lawyer as long as you meet all requirements for an uncontested divorce. You and your spouse must agree on all parts of the settlement, including asset division, alimony, child custody and support and all other related matters.
How long does a divorce take in Michigan?
Typically, most divorces in Michigan take 60 days to nine months, without children. On the other hand, when children are involved it typically takes between six months and a year to reach a settlement.
How much does a uncontested divorce cost in Michigan?
How much Does it Cost to Get a Divorce in Michigan? In Michigan, the average cost for a non-contested divorce can range from $1,200 to $1,500 with court filing fees and other legal documents. If your divorce is contested the costs can dramatically increase with a base price starting at $5,000.
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.
How do I start a divorce in Michigan?
- Determine Eligibility to File for a Divorce.
- File a Complaint.
- Answer Complaint.
- A Temporary Order is Issued.
- The Discovery Phase Begins.
- Begin Negotiations.
- Mediation.
- Appearing in Court.
How can I get a quick divorce in Michigan?
- Meet Residency Requirements.
- Gather Information.
- Complete the Initial Paperwork.
- File Your Paperwork with the Court.
- Pay Your Filing Fees.
- Serve Your Spouse.
- Filing a Response.
- Complete and Exchange Financial Disclosures.
How long does uncontested divorce take?
An uncontested divorce is a relatively quick and cost-effective way of divorcing. From lodging the divorce petition with the court until receipt of your decree absolute, an uncontested divorce takes about four to five months.
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.
Can your spouse take your 401k in a divorce?
Dividing 401(k) & Retirement Plans in California In California Law, marital assets and retirement plans must be divided in half. This state community property rule means that the non-participating spouse shall receive 50% of the retirement plan value accumulated during the marriage.
Is spousal support mandatory in Michigan?
(1) In every action brought, either for a divorce or for a separation, the court may require either party to pay alimony for the suitable maintenance of the adverse party, to pay such sums as shall be deemed proper and necessary to conserve any real or personal property owned by the parties or either of them, and to …
Does Michigan require separation before divorce?
You do not have to be separated or living apart from your spouse to file for divorce. To get a divorce in Michigan, only one spouse has to live in Michigan. However, if one of you has never lived in Michigan, the court may only have limited jurisdiction in your case.
How long do you have to be married in Michigan to get alimony?
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.
Does infidelity affect divorce in Michigan?
Because Michigan is a no-fault state, it doesn’t matter who’s at fault for the divorce. The judge won’t listen to evidence about marital misconduct, such as adultery. In fact, the person asking for the divorce can’t even mention anything other than the breakdown of the marriage in the divorce complaint.
How long after a divorce can you ask for alimony?
Either you or your spouse, or both of you, can ask for alimony at the time of divorce. If the original divorce judgment didn’t mention alimony at all, you can file a complaint for alimony for the first time at any time after your divorce. Alimony can be changed after a divorce through a process called a modification.
What is the percentage of alimony in Michigan?
The longer the marriage, the more likely a judge is to order alimony, and it affects the amount of the payments as well. The program favored by Michigan judges assigns up to 30 percent of the possible score to the duration of the marriage when calculating the score of the spouse seeking alimony.
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.