Frequently Asked Questions
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Michigan is a no-fault divorce state. This does not mean that fault cannot be considered. Fault is not needed to file a complaint to get divorced, but may be considered in deciding spousal support, property, parenting time or custody.
For a Court to have jurisdiction over a divorce matter, you must file in your County as a resident of Michigan, and in the County you have lived in for at least ten (10) days. At Corriveau Family Law we will explain to you how to protect yourself from a manipulation of this requirement.
The length of your case depends on many factors. Generally, it takes 6 months with children born to the marriage, and 60 days without. However, based on the complexity of the issue and estate, most often cases exceed these periods.
Family Law and Divorce are often incorrectly viewed as legal matters distinct from other lawsuits in their requirements. Although it involves your family, you are still suing your spouse. As such you will be required to file a number of documents with the Court. We at Corriveau Family Law are a full service Firm, and will be responsible for taking any worries away from you.
Often the person not wanting a divorce or separation is forced to make the decision of whether or not to file. Waiting to file may result is several unwanted occurrences including disposal of assets and choice of forum. At Corriveau Family Law we will advise you on the best path for your particular matter. While your divorce is pending a thorough investigation called discovery may be required by both parties to provide information and documentation to the Court. This process can often be taxing on a individual coping with the break up of a marriage, and at Corriveau Family Law we will guide you through this difficult process.
At Corriveau Family Law, we will be by your side at all conferences and hearings. While you will be often the expert on all non-legal issues, together with your attorney’s guidance all decisions will be made.
The simple answer is no. Most often a settlement can be reached, or mediated by a 3rd party. While mediation is non-binding client’s often find this a confidential and private setting superior to an open Courtroom as to costs, time, and privacy.
There are few advantages to having an annulment. If you think of marriage as a contract, an annulment can be used to void the contract, striking your marriage from your record. These are typically attractive for a spouse who find out their husband/wife are not who they thought they were. At Corriveau Family Law we can discuss whether this is an option for you.
Technically speaking, a divorce is a legal separation. However, people do choose a “legal separation,” or a “judgment for separate maintenance” in Michigan, over divorce in a few limited circumstances. For example, although in decreasing numbers, health insurers might allow a non-participating spouse to maintain her health insurance coverage simply because the magic words of “divorce” are not used. To learn whether this is an option for you contact your health insurer.