Questions to Consider Before Filing for Divorce

 Posted on February 06, 2023 in Divorce

It is not always easy to know whether it makes more sense to file for legal separation or to file for divorce when spouses are struggling to find a way forward together. All too often, spouses who are navigating this challenge are under the impression that they have to resolve this situation without assistance. In reality, connecting with an attorney proactively can help each spouse to make informed decisions about their options.

Oftentimes, thinking critically about a few key questions can provide spouses with mental and emotional clarity. Discussing their situation with an attorney can provide clarity of both legal and practical varieties. Here are just a few of the key questions you may want to consider if you are unsure of whether to file for legal separation or divorce at this point in your relationship.

Are You More Concerned About the Stresses of Divorce or the Stresses of an Ongoing Union? 

Very understandably, many couples shy away from filing for divorce because they are concerned about how the stresses of the divorce process will affect everyone involved. Sometimes, these concerns can serve as a “gut check” regarding one’s own desires.

If the process of filing for divorce seems more daunting than the prospect of remaining in an unhappy or unhealthy union, one’s marital challenges might not yet be insurmountable. Under these circumstances, a legal separation may provide spouses with the means to explore potential reconciliation while benefiting from certain legal protections.

Are You Thinking About – or Refraining from – Filing for Divorce for the “Right” Reasons?

If you are primarily resisting the idea of filing for divorce because of the stigma associated with this process, you should know that it has been virtually eradicated in most communities. Michigan law allows for equitable distribution of marital assets (instead of de facto 50-50 asset distribution) primarily because even the state recognizes that each marriage is unique.

Critically assessing why you are contemplating divorce is a process that you alone can undertake. However, if you could benefit from a professional sounding board concerning the legal aspects of this process, we can help.

Contact an Oakland County Divorce Lawyer for Personalized Professional Assistance

If you would like to proactively discuss the divorce process with the experienced Farmington Hills, MI divorce lawyers at Elkouri Heath, PLC before deciding whether to file, we would be honored to offer you a free legal consultation. We believe that every spouse deserves to understand their rights and options under Michigan law, regardless of where they stand in the divorce process.

Similarly, if you have already decided that filing for divorce is the healthiest way forward, we can offer you personalized legal guidance in a no-cost case evaluation session. You can schedule your free consultation today by submitting a contact form on our website or by calling us at 248-344-9700. No matter what your unique divorce-related legal needs may be, our reputable professionals are here to help. We look forward to speaking with you.

Source:

http://www.legislature.mi.gov/(S(1xngeisy3gsqk5hl21zq0blu))/mileg.aspx?page=getObject&objectName=mcl-552-401