Michigan Domestic Violence - Impact on Your Spouse Filing for Divorce
Being charged with domestic violence in Michigan may only be the beginning of your issues with your spouse or significant other. The domestic violence charges could lead to your spouse filing for divorce, with the idea that the domestic violence charges will help them in the divorce proceeding. For the most part, being charged or convicted of domestic violence can significantly impact your divorce. Here are some common questions that clients charged with domestic violence have had in the past. While I concentrate exclusively on criminal matters, my law firm handles family law case, and we'd be happy to discuss those issues with you as well
Does it matter if I file first for a Michigan divorce?
By filing first for divorce in Michigan, it will allows you to determine certain scheduling, selection of topics, and set the tone for the case with pre-trial motions and highlight significant issues and facts to be reviewed by the court. If the case goes to trial in Michigan, the person who files first will be the the plaintiff, and they will be allowed to present their evidence first, and will allow the additional rebuttal closing argument. The other party will be the defendant.
Is separate maintenance the same as a divorce in Michigan?
In Michigan, an action for separate maintenance is filed in the same manner as a divorce, but a judgment for separate maintenance only provides for the property rights of the parties, support issues, custody issues and retirement benefits, but it does not dissolve the marriage/divorce the parties. This type of action can be useful if the party wishes to get clarity on these issues, and is not yet ready to dissolve the marriage. The defendant may counterclaim asking for a divorce in Michigan, and, either party may file an amended complaint during this process asking for a divorce.
In Michigan a divorce cannot be granted prior to the waiting period of 60 days without children, and 6 months with children. Most separate maintenance complaints are amended to be divorces or the cases is dismissed because the parties have agreed to stay together.
Being charged with domestic violence in Michigan may only be the beginning of your issues with your spouse or significant other. The domestic violence charges could lead to your spouse filing for divorce, with the idea that the domestic violence charges will help them in the divorce proceeding. For the most part, being charged or convicted of domestic violence can significantly impact your divorce. Here are some common questions that clients charged with domestic violence have had in the past. While I concentrate exclusively on criminal matters, my law firm handles family law case, and we'd be happy to discuss those issues with you as well
Does it matter if I file first for a Michigan divorce?
By filing first for divorce in Michigan, it will allows you to determine certain scheduling, selection of topics, and set the tone for the case with pre-trial motions and highlight significant issues and facts to be reviewed by the court. If the case goes to trial in Michigan, the person who files first will be the the plaintiff, and they will be allowed to present their evidence first, and will allow the additional rebuttal closing argument. The other party will be the defendant.
Is separate maintenance the same as a divorce in Michigan?
In Michigan, an action for separate maintenance is filed in the same manner as a divorce, but a judgment for separate maintenance only provides for the property rights of the parties, support issues, custody issues and retirement benefits, but it does not dissolve the marriage/divorce the parties. This type of action can be useful if the party wishes to get clarity on these issues, and is not yet ready to dissolve the marriage. The defendant may counterclaim asking for a divorce in Michigan, and, either party may file an amended complaint during this process asking for a divorce.
In Michigan a divorce cannot be granted prior to the waiting period of 60 days without children, and 6 months with children. Most separate maintenance complaints are amended to be divorces or the cases is dismissed because the parties have agreed to stay together.
