Family Law Q and A
This blog will be going over some basic questions regarding family law in Michigan. If you have any questions about divorce, custody or other legal matters contact Goldman and Associate and let us help you through your case.
What does a valid legal marriage require?
A valid marriage in Michigan requires a marriage license and solemnization. The license must be acquired first. No blood tests are necessary, but you will be given educational materials on HIV and other STD’s. After applying for the license, there will be a 72 hour waiting period before you actually receive it. A valid solemnization is simply a ceremony performed by a valid officiator. Any of the following can perform a valid marriage in Michigan:
- An ordained minister (Priest, rabbi, imam, etc.)
- Judges
- Court clerks
- Justices of the peace
- Mayors of Michigan cities
Now that I am in the process of getting married, what can I do now to increase my odds of getting what I want in the event of a divorce?
- It can be unpleasant to think about your happy marriage ending in a divorce, but sometimes that foresight is rewarding. If you find yourself contemplating such things, there are a couple of things that you can do now to hedge your bets.
- Keep accurate documentation of all of the family finances. This is the information that will be used to determine spousal and child support, as well as the division of property. The last thing you want to do is leave that information ambiguous thus allowing your spouse and their attorney to submit their own numbers which might be more favorable to them
- Take care how you allow the parental duties to be divided. If you are dead set on getting sole custody or joint custody, the last thing you should ever do is allow your spouse to be the only direct caregiver and relegate yourself to being the breadwinner. Shared parental responsibilities generally result in more equal shared custody in the event of a divorce.
- If you and your spouse have any preferences about how a hypothetical divorce should take place, then you should record those preferences in a premarital agreement (also known as a pre -nuptial agreement or a pre-nup). A divorce judge is likely to make this agreement into the final divorce order even if the normal rules and standards for deciding the many facets of divorce would normally direct them to do something different. The only exception is child custody (and to a lesser extent child support) which will be determined primarily by the best interest of the child.
Divorce
You do not have to live separately or have a legal separation in order to file for divorce. Living separately is only a requirement if you have already obtained a legal separation. In the case of divorce, you may remain married and live in the marital household until the moment the final divorce order is handed down by the judge.
If my spouse has served me with divorce papers, how should I respond?
Technically you don’t have to respond at all. Given that Michigan is a no-fault divorce state, your spouse can see through their divorce from you without any input from you unless you either challenge the divorce or have children. If you wish to challenge the divorce, then you must file an answer which challenges the assertion that the marital relationship has irrevocably broken down.
The complaint from your spouse also contains your spouse’s initial claims in terms of custody, spousal support, and child support. If you agree with their idea to get divorced, but disagree with these claims, then you must file a counterclaim. If you fail to respond, you run the significant risk that the judge will grant all of your spouse’s requests. However, filing a counterclaim may create complications if you decide not to get divorced later.
What If I don’t want a divorce, but no longer want to stay with my spouse?
In the state of Michigan, divorce is not the only method for ending/dissolving a marriage. There are two other methods that are both very different. It is important to understand these differences so that you can make an informed decision about which path is right for you and your family. Some families have a religious objection to divorce. For this and other reasons, a couple might pursue a separate maintenance (i.e. a legal separation) in lieu of a divorce.
These are extremely rare occurrences. The only difference between an action for separate maintenance and a divorce is that the parties will be prevented from remarrying. However, if one of the parties files for divorce, the family court will default to the divorce and toss out the action for separate maintenance.
Conclusion
Divorces and family law can be challenging and getting the right attorney is half the battle. Get the right information with Goldman and Associates, read more of our blogs and check out our Youtube channel that has over 400 videos relating to everything family law. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.
For more information on divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.
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