Filing for Divorce in Grand Rapids Michigan, and the Surrounding Counties

Michigan has adopted the concept of "no fault" divorce, and has eliminated the use of "grounds" for divorce. Under Michigan law one must simply prove that there has been "a breakdown in the marital relationship to the extent the objects of matrimony have been destroyed, and there remains no reasonable likelihood the marriage can preserved." Since one party would theoretically have little difficulty proving that the marriage has broken down and cannot be saved, few people ever contest the granting of a divorce itself, and judges almost never deny a divorce. For an overview of the various types of divorce that can take place, click here. However, "fault" can still play a part in the determination of custody, property settlement, and spousal support.

Parenting Time

It is obviously in the parties’ and their children’s best interests if the parties can agree on parenting time – even to the point of being flexible and not making parenting time on specific days and hours. If this cannot be done, then specific parenting time must be set either by the parties and their attorneys, or by the judge, if absolutely necessary. The type and length of parenting time will depend on several factors including the parties’ schedules and the ages and needs of the children.

Spousal Support

Spousal support (formerly called alimony) should not be confused with child support. Spousal support may be granted in marriages of longer duration (usually over 15 to 20 years), when the spouse requesting the support can show that he/she has a need for it, and that the paying spouse has the ability to pay the support. The courts also look to the parties’ ages, health, standard of living, and work experience. Among questions the parties and their attorneys should address regarding the payment of spousal support are: 1. Whether the payments are taxable to the recipient and deductible by the payer; 2. Whether the payments can be modified by the court; 3. Under what conditions the obligation to pay is terminated; and 4. How the obligation can be enforced if there is non-payment.

Property Settlement

The fair distribution of assets between the parties is another major issue to be investigated, and if possible to be resolved during the waiting period. A fair distribution cannot, of course, be accomplished without knowing the assets of the parties. “Discovery” is the general term used to describe the process by which attorneys for both sides investigate facts and information in the hands of the other side relative to issues in the case. In divorce cases both attorneys are seeking information about the assets and liabilities the parties have. The usual forms of discovery used in divorce cases (and often in other lawsuits) are interrogatories and depositions. Interrogatories are written questions asked by one side to the party on the other side. That party must answer those questions in writing and under oath with the help of his/her Attorney.

A deposition is oral questioning, with the party being questioned under oath, and a court reporter recording the questions and answers. Depositions are taken in a lawyer’s office, not in the courtroom. In addition, there are other forms of investigation a lawyer can use, depending on the circumstances and the cost. The purpose of discovery or investigation is to have all the facts necessary to try or settle the case. These discovery procedures may be used for any aspect of a divorce, not just the investigation and evaluation of assets.

As pointed out in the section on the Attorney-client relationship, it is extremely important throughout the case to give the Attorney as much accurate and understandable information as possible. Such information will help the attorney be fully prepared to advocate the client’s position.

Regarding property settlements, courts often divide marital assets on a roughly 50/50 basis. While there is support in Michigan law for this position, our law has also recognized factors which may affect the normal 50/50 split. Among those factors are the needs of the parties and children, the contributions of the parties to the assets, the length of the marriage, inheritances or gifts to one party, and fault. While Michigan has a no-fault divorce law, that law generally has to do with the granting of the divorce itself. Fault in the breakdown of the marriage may affect the division of assets. However, judges often will consider only “major” fault in deciding on a fair property settlement. This is in part due to the difficulty a judge has in making a factual determination as to who caused the breakdown in the marriage. Subtleties in interpersonal relations are often very difficult to prove by testimony in a court of law.

Finally, among the items often overlooked by the parties regarding property settlement are pension, retirement, and profit sharing plans, and the cash value of life insurance. Since those assets often come from the earnings of a spouse during the marriage, they are as much marital assets to be considered as is a home purchased with the earnings of one or both spouses.

Divorce attorney Robert B. Relph provides divorce advice to clients who are ready to live an independent life.

Call 616-647-3204 to schedule a consultation.