does it matter who files for divorce first in michigan

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.

How long do you have to be separated before divorce in Michigan?

If there are no children involved, a divorce may be granted in 60 days. When children are involved, a divorce cannot be granted until six months have passed. However, these are minimum waiting periods; depending on the circumstances, a particular divorce case could take far longer.

Does it matter who starts the divorce?

In legal terms it should have no impact on the eventual outcome whoever starts the divorce process. However, in some circumstances it does make a difference who petitions for divorce. There may be financial implications, for whoever files the petition will incur additional court costs.

Does it matter who files for divorce first in Illinois?

It does not typically matter who files for divorce. The filing spouse, the one asking for the divorce, is known as the plaintiff or petitioner, and the other spouse is referred to as the defendant or respondent.

Who gets the house in a divorce in Michigan?

Community property states divide marital property equally between the spouses in order to reach as close to a 50/50 split as possible. However, the equitable distribution standard results in a property division that’s fair and equitable considering all of the circumstances of the case.

How is debt divided in a divorce in Michigan?

Equal. Under Michigan law, courts must split marital assets and debts “fairly”. But this doesn’t necessarily mean “equally”. For example, it wouldn’t be fair for one spouse to take half the marital debt if that spouse doesn’t have a source of income to pay that debt.

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Can you date while separated in Michigan?

Dating while divorcing in Michigan will not necessarily harm you legally, but it can impact aspects of your divorce. … If adultery played a role in the divorce, the court may award the innocent spouse more assets, including spousal support.

How much does the average divorce cost 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 in Michigan without a lawyer?

Fortunately, actually getting divorced in Michigan is fairly straightforward and may be able to be completed without a lawyer – as long as you meet the necessary criteria for an uncontested divorce. … If your divorce is more complicated, you may need to take additional steps to dissolve the marriage.

Can my wife take everything in a divorce?

But no court awards all of one spouse’s property to another because the court must follow certain factors and considerations when deciding who gets what. …

What can you not do during a divorce?

40…… make that 41 things NOT to do during your divorce

  • Hide things from your attorney. …
  • Dispose of assets you know your spouse is going to request. …
  • Fail to keep a copy of all communications with your soon to be ex-spouse. …
  • Incur debt in your spouse’s name. …
  • Make comments in front of your children about your spouse. …
  • Use drugs or excessive alcohol.
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Should I file for divorce or let her?

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.

How long does it take for a divorce to be finalized in Illinois?

about 90 days

Do both parties have to sign divorce papers in Illinois?

For the divorce matters, the document drafted will be a Marital Settlement Agreement. For custody matters, the document will be a Parenting Plan. These documents are often referred to as a divorce decree, or divorce papers, and will be signed by both parties.

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