Detroit Attorneys - Law Offices of Graham and Hubbert

Q.    I've heard Michigan divorces are "no fault." What does "no fault" divorce mean?

A.    Michigan is known as a "no fault" divorce state, which means there is only one ground for divorce: "a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." However, the words "no fault" may be misleading. If the parties reach a final settlement on all issues, fault is not a factor. If, however, there is a dispute about alimony, property, support, parenting time, or custody, fault may become an active ingredient in resolving these issues. For this reason, your attorney may go over the indiscretions of the parties with you.

Q.    Will my case have to go to court?

A.    Not necessarily. Most divorce cases are settled, which means you and your spouse (under the advisement of your attorneys) reach a mutual agreement that is then placed on the court's record. If an agreement cannot be reached, the case will go before a judge.

Q.    Can my spouse and I legally separate rather than get a divorce?

A.    In Michigan, legal separation is known as "separate maintenance." This arrangement is legal, but seldom done. The procedure is similar to a divorce, except that neither party may remarry. The law states that if one party institutes a separate maintenance suit and the other party files for divorce, the court will only consider the case as a divorce matter and cannot enter a judgment of separate maintenance.

Q.    How is property is divided by the courts?

A.    The parties usually arrive at a settlement of all their property rights after negotiation or after a Friend of the Court referee hearing.   If settlement is not reached, the matter will be decided by the court after the trial is concluded.  Again, you are advised that you much be absolutely sure that you understand and accept the settlement as written or placed on the record in open court, because property settlements may not be modified, except in cases of fraud, clerical error, mistake, or gross unfairness in the initial trial.  If your property includes retirement or pension plans, your attorney, upon request, will explain your rights under the qualified domestic relations order procedures.

Property settlements in judgments may be enforced by execution, garnishment, show cause proceedings, etc.  Your attorney will explain these procedures to you upon request.

In determining property issues, the court will usually consider the following:

1. Length of marriage
2. Contributions of the parties to the marital estate
3. Age of the parties
4. Health of the parties
5. Life status of the parties
6. Necessities and circumstances of the parties
7. Earning abilities of the parties
8. Past relations and conduct of the parties
9. General principles of equity

Generally, property of the marriage is divided 50-50.

Q.    How long will a divorce take?

A.    A divorce cannot be granted in less than 60 days. When there are minor children involved, the parties must wait six months. However, the six-month period may be waived under certain circumstances.