If I filed for divorce first, would I still be required to pay alimony? This is a common query when discussing alimony. What interactions exist between filing and alimony if the other party does? Can my ex avoid paying alimony or is he obligated?
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There isn’t much of a connection between who files first and who receives alimony. Not under Michigan law. At the outset of the divorce process, the one who files first might be able to control the narrative. Of course, the divorce court will be able to make the appropriate determinations. Later, the proper decision can be made using the information from both sides. Factors and sub-factors are used to determine alimony. How long the couple was together will be a key element. What is each party’s respective income? Exist any liquid assets that could be used to pay alimony?
What is spousal support?
Spousal support is also known as alimony. It is money given by one spouse to the other to help cover living costs both during and after a divorce. Spousal support is not always required in cases. The divorce judgment will often dissolve any residual financial ties if both partners are employed. Or if both parties are capable of supporting themselves. But it might be suitable:
[ a ] In long-term relationships (generally over 10 years)
[ b ] Where one partner in the marriage worked at home as a parent or housewife
[ c ] If one partner can’t work full-time due to a real physical or mental disability
[ d ] When the parties’ incomes are wildly unequal
[ e ] If one spouse, as was largely responsible for raising and sustaining the children before the divorce and after the divorce.
The court will decide what form of support is most appropriate for your circumstance. The only time temporary support is provided is while the divorce is pending. Michigan recognizes three types of spousal support are:
[ a ] Periodic (given in equal installments over a certain term),
[ b ] Permanent (paid indefinitely), and
[ c ] Lump-sum (paid all at once).
Temporary support.
Some partners may be unable to sustain themselves during the divorce process. Temporary support is offered. When filing for divorce, either party may ask for temporary support. The court will only provide it if it is necessary.
In some cases, temporary support is referred to in court as “status quo” payments. Your husband may have consistently made mortgage, utility, and car payments. The court can require that they do so even after you file for divorce.
If there is a need and a sizable income gap, the court may additionally award interim support besides the status quo payments. Status quo and temporary support orders expire when the judge grants the divorce. The court then issues a fresh support order. Integrate the interim award into the final judgment.
Periodic support.
The most frequent kind of support in Michigan is periodic support. A court may provide for a brief period which is regarded as rehabilitative support. It can also provide for an extended amount of time. When one spouse is capable of supporting themselves but not right away. Periodic support is frequently required. One spouse might have left a career to raise a family. Or support the other’s career. The court may grant periodic spousal support for a time. It gives the recipient time to get job skills. The ex-spouse can complete a degree. It will help that spouse become financially independent.
Permanent support.
In Michigan, permanent spousal support is becoming rare. It is only granted in situations when the couple has been married for a long time. And only if the recipient spouse is unable to become financially independent. The lack of financial independence may be due to their age, condition, or handicap.
Lump-sum support.
Lump-sum support is suitable when one spouse has the financial means. The spouse is able to pay the entire support award in one go. It’s typical for lump-sum payments to be made in the form of personal or real estate. The advantage of lump-sum support is that there is no ongoing requirement. The spouse with means usually pays an ex-spouse on a biweekly, monthly, or annual basis. There’s a drawback. The paying spouse will have to make an upfront financial or property contribution. This contribution can come in the form of an asset with much value.
The judge issues a special order known as a Uniform Spousal Support Order or USSO. The court issues USSO whenever spousal support is granted. The USSO specifies the terms of the spousal support. This covers the amount to be paid, the duration, and the method of payment.
Does it matter who files the divorce papers first?
It shouldn’t matter which spouse files for divorce first in Michigan. The state’s statutes guarantee equal rights for both the petitioner and non-petitioner spouses.
Someone who starts the divorce process may benefit and experience less difficulty.
The advantage of choosing case jurisdiction.
All states have residency requirements. The amount of time a divorce petitioner must dwell in the state before filing any divorce-related legal action. You or your spouse must have lived in Michigan for 180 days before submitting a petition to the court. The option to decide where all court proceedings will take place is a large benefit. Consider the following scenario, for instance. Imagine a Michigan-based spouse divorcing a spouse who relocated to a different state. Consider the amount of time the out-of-state spouse will need for travel. That spouse will be spending considerable traveling to court appearances. Be the first to select the most practical place to prevent this from happening to you and your spouse.
A better amount of time to prepare for the case.
You have time to gather all the required financial and legal documentation. All or most of it before informing anyone of your intention to end your marriage. Start making copies of your tax returns, mortgage documents, and loan documents. You will even have time to spare for trust documents, bank statements, and pay stubs.
The list above is not comprehensive. Consider how much more difficult it would be to find it after the proceedings got underway. The filing of divorce papers is another issue that needs your attention. In Michigan, you will normally need a whole set of papers. The most important of which is a formal complaint and a summons. You can choose to get them directly from a lawyer or look for an online divorce agency.
Protection of children and assets.
You worry about the security of your property right? Then there is no debating who should file for divorce first. You should take action. Your spouse is free to do whatever they want with your marital property. Free up until the point at which you officially complain to the court.
Some people start hiding their income. Some start overspending when they expect their marriage to dissolve. By filing first, you can ask for temporary restraining orders. You can stop your spouse from taking assets and undermining you. Temporary orders frequently become permanent agreements. or It can have a large impact on the judge’s rulings. It is crucial to set the appropriate course before the other spouse does.
Better control of timing when to seek help.
You will have ample time to pick the best attorney if you chose to do so. You can take your time looking into a divorce lawyer’s level of expertise. Check out the hourly rate, and your compatibility. You will have ample time to discuss all the pertinent details of the case. Devise a plan after engaging a lawyer.
With the luxury of time, you can file for divorce on your own. It works well if you don’t have the money to pay for legal representation. This choice is frequently made when the couple wants to divorce peacefully. An amicable divorce can save a lot of money and make the process complicated.
A degree of control over the progression of your case.
The spouse who filed for divorce has the right to speak first. It’s how it goes in court proceedings or alternative mediation sessions. In this manner, you start discussions fresh and free of any prior animosity.
The party responding will have to assume the role of the guilty person. They have to defend themselves using their own evidence. The judge’s initial assessment of your innocence. It can have a significant impact on how the case turns out.
You are in control of the divorce process as well. For instance, you could withdraw your complaint before the court hearing. You can wait for a more appropriate time to resubmit it. If you believe the court will rule against you in your divorce, this decision is important. Keep this in mind. You can only dismiss the lawsuit if your spouse hasn’t filed a formal response to your petition.
Can you avoid paying alimony if you file the divorce complaint first?
You can file your divorce case first. You can reap its advantages. It won’t mean you won’t be paying alimony. Filing the case first is irrelevant to the issue of paying alimony. There are conditions we mentioned above that qualify you for alimony or spousal support. Filing the divorce complaint first is not one of them.
There are also situations allowing you to modify alimony. Still, filing the case first is not one of them. A change in circumstances is required to start the alimony modification process. The following circumstances can justify asking for a modification:
[ a ] A parent’s pay cut or loss of employment.
[ b ] Your ex-spouse has improved their career or financial situation.
[ c ] Retirement, whichever party.
[ d ] Health problems leading to underemployment or
[ e ] Underemployment
[ f ] The passing of any of the parties.
[ g ] Remarriage (or cohabitation in all circumstances) (or cohabitation in some circumstances)
[ h ] Whether they are paying or receiving alimony, either spouse may ask for a change in the amount.
A petition asking for a reduction in the amount you must pay must be filed. It is the first step in the modification procedure. The opposite party will then reply. The court will next set a time for an evidentiary hearing. The hearing will determine whether it is reasonable to modify your alimony payments. The court will find out if there has been a change in circumstances. Is the change enough to merit modification? Both parties will provide evidence, papers, and other information during this hearing. Your case must include the presentation of your evidence.
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