Michigan Divorce Attorney F.A.Q.

OVER 40 YEARS OF EXPERIENCE - Located in Bingham Farms, MI, the Michigan divorce attorneys at Allan W. Ben P.C. have handled hundreds of divorces, and we can put that experience to work for you.  To contact our law firm, please call 1-866-540-0677.

Q: How long does it take to get divorced in Michigan?

Allan W. Ben, PC: A divorce in Michigan cannot be granted in less than 60 days. If there are children, then the waiting period is six months. Sometimes, the judge will waive the six-month waiting period, if that appears to be in the children's best interests. However, as a practical matter, any divorce involving children, real property (e.g., a marital home) and other assets will likely take between six months and one year to complete.

Q: How much does it cost to get divorced?

Allan W. Ben, PC: The cost of a divorce will vary, but certainly the more the parties agree on, the less costly it will be. For instance, if the parties cannot agree on custody and parenting time, or on whether spousal support should be paid, this will complicate the proceedings and will invariably add to the cost of the divorce.

Q: Do I have to prove that my spouse is at fault to get a divorce in Michigan?

Allan W. Ben, PC: No. Michigan is a no-fault divorce state. That means you are entitled to seek a divorce without having to prove that your spouse was at "fault." However, fault can be an important element of your divorce case, because it may have a bearing on how property is divided, or whether and how much spousal support is awarded. Each case is unique and must be evaluated on the specific facts.

Q: Is it better to file first, or should I wait for my spouse to file for divorce?

Allan W. Ben, PC: Oftentimes, I am asked whether the judge will "blame" the party that files for the divorce. The answer is a resounding "no." In our opinion, it is always best to be the first to the courthouse in a divorce case. If our client is a secondary wage-earner or stay-at-home parent, filing first enables me to enter court orders at the time the divorce is filed that (a) protects marital assets and (b) ensures the continued support of the household. If our client is the primary wage-earner, filing first ensures that an overly-burdensome support order is not entered without an opportunity to present the case to the judge.

Q: How is child support calculated?

Allan W. Ben, PC: Child support in Michigan is calculated based on the Michigan Child Support Formula, which can be downloaded from the Internet. Generally, it is based on the relative incomes of the parties, and is paid to the custodial parent.

Q: Is alimony available in Michigan?

Allan W. Ben, PC: Michigan does allow awards of alimony (now more commonly referred to as spousal support). A number of factors are considered to determine if spousal support is appropriate, including length of the marriage, ability of the parties to work, the parties' ages, the parties' health and financial needs, among others. Sometimes spousal support is substantial and permanent. Sometimes it is temporary or "rehabilitative" to permit a former spouse time and opportunity to obtain job skills. Each case must be assessed on its own merits by your Michigan divorce attorney.