Michigan Divorce Questions

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After trying several attempts to save your marriage, you finally decide to end it by opting for a divorce. Even though it's a legal way to end your marriage, it drains you emotionally and financially. To make sure that it does not add financial losses to your already existing financial insecurities, you need to keep track of the legal laws and procedures followed in Michigan. You might have several questions in your mind regarding divorce and other related divorce procedures. You need to get answers to all such questions so that your divorce proceeding process smoothly. The Michigan divorce questions mentioned here and their answers will be of help to those who have filed for divorce or are planning to file for divorce in Michigan.

The examples of divorce questions for Michigan are as follows:

Q. Introduce some basic terms that are related to Michigan divorce?

A. The individual who files the divorce papers is known as the Plaintiff. The spouse of the Plaintiff is referred as the Defendant.

The Complaint of Divorce is the title of the document that is used to initiate the divorce procedure. The order which is used to grant the divorce is called as the Judgment of Divorce.

Q. Throw light on how separate property is handled?

A. The following types of property are classified as separate property.

  • Property attained prior to marriage
  • Property acquired by gift or inheritance in marital life
It is ascertained whether the property or income was utilized for the common benefit of the partners during marital life. If no, then there is no question that arises about dividing this property.

Consider that silver table utensils have been inherited by the wife. As the husband is not related to the accumulation, improvement or acquisition of this property, there is no issue of division of this property. As per the law, if such a separate property is utilized relatively frequently by both the husband and the wife, it is still not divided.

However, in the following circumstances, the issue of whether to divide such a property would become more certain.

  • The separate property is used on a daily basis
  • The husband assisted in cleaning or washing the silver table utensils

Q. What is the basis of distribution of marital property?

A. In Michigan, the basis of distribution of marital property is equitable distribution. If the court concludes that one partner has contributed to the accumulation, improvement, and acquisition of the property of the other partner, then such a property is subject to division.

Q. Are visitation rights offered to grandparents?

A. If the court concludes that it is in the best interests of the child to grant visitation rights to grandparents, then the essential orders are issued. In order to determine the best interests of a child, the court may or may not need a hearing.

Q. If a person wishes to file for a divorce, then is any period of separation essential?

A. No period of separation is mandatory.

Q. If the Defendant is residing outside Michigan, can the Plaintiff apply for divorce?

A. Yes, the Plaintiff can apply for divorce in this state, even if the Defendant is residing outside state.

Q. What is the residency requirement criterion in state

A. The mandatory residency period in this state is 180 days. For a Plaintiff, who is filing from a county district, the residency period is 10 days.

Q. Which is better - to represent self in court or hire the services of a divorce lawyer?

A. As per the law, both the above mentioned are possible. It is obvious that when a person represents self, it is very tough to fight a divorce lawyer, who has complete knowledge of the divorce law. So, it is always better to hire the services of a divorce attorney.

Q. Processing of a divorce in this state consumes how much time?

A. In order to get divorced in Michigan, the duration of getting divorced is dependent on the presence or absence of children.

  • If children are present, then 60 days are essential
  • If children are absent, then minimum 6 months are necessary
The Michigan divorce questions mentioned here are relevant question whose answers are needed by those who are planning to file or have already filed for divorce in Michigan. One might face several questions such as how much time would be consumed during the divorce processing, whether to hire a divorce lawyer or to represent self in court, what are the residency requirement criterion in this particular state, what is the separation period applicable in this state etc.

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