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Seeking Answers And Advice In Divorce? We Can Help.
Divorce is a common experience, yet each case is unique and new for the people going through it. At this point, you likely have more questions than answers. To remedy that, feel free to read answers to these divorce FAQs. Then, contact our firm for answers to any additional questions you may have.
Answers To Common Questions About Divorce
Does one spouse need to be considered at fault in order to get a divorce?
A: No. Michigan is considered a “no-fault” state, meaning that the couple only needs to specify that the relationship is irretrievably broken or irreconcilable. You can allege fault but doing so often makes the divorce process much more hostile and requires you to provide sufficient evidence to show that your spouse was responsible for destroying the marriage.
My spouse cheated on me. Am I entitled to a larger share of the marital estate?
A: Sometimes yes but usually no. If filing no-fault divorce, allegations of fault will not be considered in decisions about property division, alimony, etc. If fault is alleged and proven, a judge may consider the actions of the at-fault spouse (infidelity, abuse, addiction, etc.), but those actions are just one of many considerations. As stated above, filing fault divorce comes with its own set of headaches and legal hurdles. You should consult with your attorney thoroughly before deciding to pursue it.
We are parting on peaceful terms and just want the divorce over with. Do we have options other than a court battle?
- Yes, you do. If you and your spouse are able to agree on basically all terms and there are no complicating factors like child custody or significant assets/debt, you can seek an uncontested divorce. If there are things that need to be negotiated but both spouses are willing to work together, collaborative divorce is another good option.
You can read more about these on our collaborative and uncontested divorce page.
Is it true that men are always required to pay alimony to their ex-wives?
No. In the past, it was common for judges to award spousal support (alimony) to women because men were often the sole income earners of the household and women were primarily responsible for child-rearing. But there are no hard-and-fast rules about alimony in Michigan. It is not awarded in every case, and when it is, a judge will tailor the award to a specific couple’s circumstances. Either spouse may be awarded alimony, and either spouse may be asked to pay.
You can read more on our spousal support page.
Get Your Questions Answered In A Free Initial Consultation
Based in Westland, Clos, Russell & Wirth, P.C., serves clients throughout Michigan. To schedule your free consultation with an experienced attorney, call us at 877-354-0660 or fill out our online contact form.