Filing for Divorce FAQ’s

Serafini, Michalowski, Derkacz & Associates

Answers to frequently asked questions regarding filing for divorce:

1.) Do I need an attorney to file for divorce?

Answer: No. However, it is in your best interest to consult with an attorney when filing for divorce. Often times we hear from clients who have initiated the process themselves, and their case ends up getting dismissed. If you want to ensure that all of the documents are properly filed with the court, and that your divorce is wrapped up as quickly and seamlessly as possible, it is best to hire an attorney.

2.) What are the legal grounds to file for divorce?
Answer: Michigan is a no-fault state, which means that you can file for divorce regardless of the fault of either party. The statutory grounds for divorce in Michigan is that there is no chance of reconciliation. In order for a Judge to grant you a divorce, he or she will have you testify that if the divorce was not granted, there is no reasonable likelihood that you and your spouse would reconcile. Other factors that pertain to your reason for filing for divorce (such as infidelity, abuse, etc.) will be relevant for spousal support and property distribution.

3.) How much does it cost to file for divorce?

Answer: The court charges a filing fee when filing a case for divorce. The filing fees differ by county; however, Oakland County and Wayne County charge $175.00 for a divorce case without minor children, and $255.00 for a divorce case with minor children. Macomb County charges $175.00 for all divorce cases, regardless of whether or not there are minor children.

Related Posts: Post-Divorce Checklist, Does Moving Out of the Marital Home Mean You Are Abandoning the Home?, You’ve decided to file for divorce – now what?, Grounds for Annulment

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