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Is There a Benefit to Filing for Divorce First in Michigan?
If the relationship between you and your spouse has broken down, you may be considering ending your marriage. However, even if you believe that divorce is what is best for your family, you may be unsure about what will happen during the divorce process. One question that many spouses have is whether being the first to file for divorce will provide them with any advantages. By understanding the divorce laws in Michigan and the type of divorce you are planning to pursue, you can determine whether you should file for divorce sooner rather than later.
Filing for Divorce in Michigan
The divorce process begins when one spouse files a divorce complaint in their county’s circuit court. Since Michigan is a no-fault divorce state, the complaint will not need to specify specific grounds for divorce or a reason your marriage ended. Instead, you will simply need to allege that your marital relationship has broken down “to the extent that the objects of matrimony have been destroyed” and that it is not likely that you will be able to preserve your marriage. Since a divorce complaint will not blame either spouse for the end of the marriage, this may eliminate the need to be the first to file, since neither of you will need to show that the other is at fault for your divorce.
What Are the Benefits of Establishing Paternity for a Child?
All children have two biological parents, but these individuals will not always be considered the child’s legal parents. If a mother is unmarried when her child is born, she and the child’s other parent will need to take steps to establish paternity in Michigan. Doing so can not only provide a child with a sense of identity and belonging, but it can also provide the child and the parents with a number of other legal benefits.
How Is Paternity Established in Michigan?
If a mother is married when her child is born, her spouse will be the legal parent of the child. If the mother got divorced within 10 months before her child was born, her ex-spouse will be the child’s legal parent. Typically, in situations where the mother is unmarried, the child’s father will not be recognized as a legal parent until paternity is established.
What Are My Options for Child Support Enforcement in Michigan?
All parents are required to provide financial support for their children. When parents are married or cohabitating with each other, they will work together to meet their family’s needs and cover ongoing expenses related to their children. However, when parents are divorced or separated, they will usually need to make arrangements to ensure that they are both contributing to their children’s needs. Child support orders will set a monthly amount that parents will be required to pay, and in most cases, the non-custodial parent will make payments to the custodial parent. If a parent has failed to meet their obligations to pay child support, the other parent will want to be sure to understand how they can enforce the court’s orders and receive the support their children need.
Is Collaborative Divorce a Good Alternative to Mediation or Litigation?
Getting a divorce can be a complex, difficult process, but fortunately, couples have a number of options for how they can approach the decisions they will need to make and the disputes they will need to resolve. While litigating a divorce in court is always a possibility, this is often the last resort since a divorce trial can be lengthy, expensive, and emotionally draining. In most cases, couples will work to negotiate a divorce settlement, allowing them to complete the divorce process without fighting battles in the courtroom. Mediation is one way of doing so, but collaborative divorce is an increasingly popular option for ending your marriage in Michigan.
What Is Collaborative Divorce?
During a collaborative divorce, spouses will work together to create a divorce settlement, and they will each be represented by an attorney who has been trained in collaborative law. At the beginning of the collaborative process, the spouses and their attorneys will sign an agreement stating that they will be honest with each other, negotiate in good faith, and provide any information requested by the other party. To foster the spirit of cooperation and collaboration, the attorneys will agree to withdraw from the case if the couple cannot reach a settlement, and the spouses will need to find new attorneys to represent them during divorce litigation.
When Will Spousal Support Be Awarded in a Michigan Divorce?
If you are getting divorced, you will likely have a variety of financial concerns, ranging from your ability to cover court costs and attorney’s fees, to how your marital assets and debts will be divided, to whether you will be able to support yourself once your marriage has ended. Depending on the income you and your spouse earn, one of you may be required to provide financial support to the other after your divorce. By understanding when spousal support (which is commonly known as alimony) is appropriate and how the amount and duration of payments are determined, you can prepare a post-divorce budget that will allow you to meet your ongoing needs.
Factors That May Affect a Spousal Support Award
Typically, spousal support is awarded if one spouse earns a significantly higher income than the other, and its purpose is to ensure that both spouses can continue living at the standard they became accustomed to during their marriage. In some cases, spouses may agree in their divorce settlement on the amount of support that will be paid, as well as the length of time that payments will last. Couples may also use a prenuptial agreement to specify whether alimony will or will not be paid in the case of divorce.
What Is an Established Custodial Environment in a Child Custody Case?
Whether they are planning to get a divorce, are unmarried, or wish to make changes to existing arrangements, parents will need to address a variety of legal issues during a child custody case in Michigan. When making decisions about these matters, a family court will consider what is in a child’s best interests, and multiple different factors may also be taken into consideration. One of the most important of these factors is the child’s “established custodial environment,” which will affect whether changes should be made to existing child custody arrangements.
Established Custodial Environment Under Michigan Law
When creating a new child custody order or determining whether to make modifications to an existing order, a court will look at any existing factors that affect a child’s environment and his or her relationship with parents or others who serve in a parental capacity. A custodial environment may be established if, over an “appreciable” amount of time, the child has developed a relationship with a parent or another person in which he or she looks to the custodian for guidance and support and receives discipline and instruction, and the custodian provides for his or her needs and offers “parental comfort.”
What Tax Issues Do I Need to Consider During My Michigan Divorce?
When getting a divorce in Michigan, you will need to consider multiple types of financial issues. As you work to address legal fees and other costs, determine whether you will pay or receive child support or spousal support, and create a new budget that will allow you to cover your ongoing expenses, you should also be sure to understand how your divorce will affect your taxes. Having a thorough understanding of this financial aspect can help you better prepare for the future.
Tax Implications After Legally Ending Your Marriage
Once your Michigan divorce is finalized, you may need to deal with a variety of tax issues, including:
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Filing status - While you and your spouse can continue to file taxes jointly while you are married, you will be required to file separate tax returns once you are divorced. If you were still legally married on December 31 of the previous year, you can file taxes jointly for that year. Since filing jointly may provide benefits for both of you, you may want to delay the finalization of your divorce until after the new year. If you do so, you should be sure your divorce settlement specifies how you will divide a tax refund or the obligations to pay any taxes owed.
Is Mediation the Right Choice for My Michigan Divorce?
If your relationship with your spouse has broken down, you may feel that ending your marriage is the best choice for you and your family. However, you may also be worried about a contentious, adversarial divorce and the effects that this process may have on you, your finances, and your children. Fortunately, you do not have to take this approach, and instead, you may wish to use methods such as mediation to reach a settlement that both you and your spouse can be satisfied with. If you are weighing your divorce options, you should be sure to understand how the mediation process will work to determine whether it is right for you.
Benefits of Divorce Mediation
Mediation will allow you and your spouse to work together to end your marriage without the need to resolve disputes in the courtroom. The two of you will meet together with a mediator, who will be a neutral advisor rather than a legal representative for either of you. The mediator will help you understand the issues that you will need to address while guiding you toward decisions that you can both agree on.
What Are My Options if I Cannot Make Child Support Payments?
2020 has been a hard year for everybody. Even if you or your loved ones have not become sick, the COVID-19 pandemic has likely affected your life in multiple ways. Because of business closures, reductions in working hours, or health concerns, many people have lost their jobs or have had to deal with issues that resulted in the loss of income. If you are struggling financially, you may find yourself unable to meet your child support obligations. If this is the case, you will want to determine how you can avoid legal issues that may affect your relationship with your children and your ongoing financial security.
Consequences for Non-Payment of Child Support
Once a child support order is issued as part of a divorce or family law case, you will be required to make all payments on time and in full. If you do not pay child support as ordered, a variety of enforcement actions could be taken against you. The amount owed may be collected by garnishing your wages or withholding other forms of income, including unemployment payments, workers’ compensation, or Social Security disability. Your future tax refunds could be intercepted, or liens could be placed on your property. Your non-payment will also be reported to credit agencies, causing your credit score to go down.
What Are the Requirements for Adopting a Foster Child in Michigan?
There are many reasons why a person or a couple may choose to adopt a child. Parents may be unable to have children biologically, or they may simply want to pursue other options for expanding their family. Adoption can also be a way to provide a loving home and supportive environment for a child who needs it. In the state of Michigan, there are thousands of children in the foster care system who are waiting to be adopted. Parents who are looking to adopt a child may want to ensure they meet all of the necessary requirements, and they can work with a family law attorney to address any legal issues that may arise.
Foster Child Adoption Requirements
In many cases, children who are in the foster care system are temporarily placed in the homes of foster parents, with the goal of reuniting them with their birth parent(s). However, there are some situations where parental rights are terminated, and these foster children will be looking for adoptive parents who will assume permanent legal guardianship and responsibility for them.
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