Filing for divorce can be overwhelming. You’re tasked with making complex legal decisions about your property, your children, and more, all while handling the emotional weight of ending your marriage. This is not a process you should have to deal with on your own. Let us stand by your side as you pursue a stronger future and embrace this fresh start.
At Bowden Law, PLLC, our family lawyer, Alison Bowden, has been serving those in Clinton Township and beyond for more than two decades. Schedule a free consultation today to discuss your divorce if you are located in the surrounding areas of Michigan, including Macomb County, Mt. Clemens, Sterling Heights, St. Clair Shores, or Harrison Township.
Michigan is a No-Fault Divorce State
While some states allow an individual to argue that their spouse did something that caused the marriage to fail, Michigan is a no-fault divorce state. This means that to file for divorce, you must simply claim that there was a breakdown in the marriage and there is no hope for reconciliation.
When you file for a no-fault divorce, you don’t have to inform the court of what went wrong, claim that your spouse behaved badly, or even be in agreement with your spouse on whether or not a divorce is the right path forward. The only requirement for filing is that you or your spouse must have resided in Michigan for at least the last six months before pursuing a divorce.
Navigating Property Division
Unlike community property states, Michigan divides marital property based on the equitable distribution theory. This means that property is divided based on what’s fair under the circumstances surrounding each specific case.
As you navigate your divorce, your property will be considered either marital or separate. Marital property can be distributed to both you and your spouse. Usually, this kind of property includes homes, cars, retirement accounts, pension plans, and more. It is important to remember that marital property does not just include assets received during the marriage, but earned during the marriage as well.
To divide the property equitably, the judge will consider the length of the marriage, as well as various factors regarding the individuals involved, like their health, ages, life statuses, financial needs, earning abilities, and more. Once all relevant circumstances have been taken into account, a fair allocation of the marital property will be determined.