On Your Side. Always.

Commonly misunderstood divorce laws

On Behalf of | Jun 27, 2024 | Divorce |

Divorce can be a complex and emotionally exhausting process. However, it gets compounded by misunderstandings. In Michigan, several misconceptions frequently cause confusion and stress. Having a closer look at some of the most common misunderstandings will help you understand the actual legal framework.

Michigan requires proof of fault

Many people think that to file for divorce, you need to provide proof of blame, such as adultery or abuse. However, Michigan is a no-fault divorce state. This means that you do not have to provide evidence of your partner’s misconduct. Declaring that there has been a breakdown in the married connection is the sole prerequisite needed to get a divorce.

Assets are always split 50/50

Another widespread myth is that all marital assets are automatically split 50/50 in a divorce. In contrast, the state follows an equitable distribution model. This doesn’t necessarily mean an equal split. Instead, the court aims for a fair division, considering factors like the length of the marriage, contribution to the marital estate, age, health, and financial needs.

Mothers always get custody

A common misconception is that mothers are always granted custody of children. State law does not favor one parent over the other based on gender. The court’s primary concern is the safety of the child. The court considers the child’s physical and mental health during the custody battle.

There are many new terms and concepts that typically come up during a divorce. Understanding the realities of Michigan’s divorce laws can help alleviate some of the stress and uncertainty during this difficult time.