Michigan is a so-called "No Fault" state. What this means is that you do not have to prove fault (neglect, abandonment, violence, etc.), in a marriage to be granted a divorce in the State of Michigan. You must be able, however, to assert that there has been 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.

Consequently, divorce is a serious, personal choice which you yourself must make. Lawyers and judges generally assume that you have made this choice by the time you visit us having already tried counseling or or reconciliation measures available to you. You should also understand that Michigan has a substantial waiting period before a divorce can be finalized. The law in this sense, therefore, favors sustaining marriages and you are encouraged to receive counseling even after you file or start the proceedings. If you do choose to reconcile after filing, your case can easily be dismissed. No one at Garrett Law Offices will attempt to discourage you from doing so. Rather, we support your efforts to legitimately reconcile.

Having made the choice to divorce, the first step is to make an appointment to discuss your particular situation and decide on a strategy for achieving an equitable and fair resolution of your child custody and property issues, if any.

The initial "pleadings" (consisting of a Summons and Complaint along other documents) are then filed in the county in which you or your spouse have lived for at least the last ten days. You must have lived in Michigan for at least the last 180 days prior to filing in this state. We then coordinate "service" of the papers on your spouse with you.

After filing, it is possible to ask the court to provide "temporary" orders to govern your immediate concerns until the divorce is finalized. During the statutory waiting period of 60 days to 6 months (depending on your kind of case) a final resolution of your marital affairs is worked out. A judgment by consent can then ben "entered". However, should your spouse and you continue to disagree, the court may order a trial to resolve disputed issues. An opinion is then issued by the court which will then be put into a final judgment of all issues.

How you conduct yourself prior to and during your divorce is an important concern which will impact a final resolution. There are many pitfalls and potential problems through which you will need to be guided. There is also a substantial emotional cost and many long lasting financial and personal repercussions after a divorce is finalized.

Be sure you are making the right choice. Garrett Law Offices wants you to know we will make every effort to make your case as important to us as it is to you.

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