Top Nine Divorce Questions in 2009

9. Does it matter who files first for divorce? Generally it does not, and in most instances, the courts have no idea as to who is the plaintiff or the defendant. The only reason for filing first is if there is danger of a child being abducted, or there is a need for some immediate money, or a danger of assets being taken if a restraining order is not entered.

8. Can I select the judge for my divorce? No, you cannot. Judges are selected by blind draw.

7. If I had a prior divorce, will the new divorce go to the same judge? Normally it will, unless the judge has been replaced by a successor, as sometimes happens on the family court where judges will come and go after a number of years. The goal of family court is to have a judge handling all matters of a family, including divorce, child custody, and juvenile issues, so that the judge gets to know a family if there are a lot of problems from a legal perspective.

6. How long do I have to reside in the county to file for divorce?/How long must I be a resident of the State of Michigan to file for a divorce in Michigan? Either your or your spouse must be a resident of the county where a divorce is filed for at least 10 days prior to filing an action for divorce. You or your spouse must be a resident of the State of Michigan for at least 180 days immediately prior to filing an action for divorce.

5. How long will a divorce take in Michigan? If there are no children, the minimum time period is sixty days from start to finish if it is uncontested. If there are children, the minimum is six months, or 180 days, because the courts want you to think carefully about a divorce if there are children. If the case is settled in less than the six-month waiting period, many judges will waive the balance of the six months statutory waiting period, even if there are children, as long as the divorce is at least sixty days old.

4. If my divorce is contested, how long will it take? I usually tell my clients that a divorce takes from six to nine months if it is contested. The outer limit is normally a year, because the courts want all divorces finalized within one year from start to finish.

3. Is a divorce public record? All divorces are public record. Years ago, celebrities in Michigan could have their cases file suppressed so that they were not public record, but now all cases are public record.

2. Is my Judgment public record? A Judgment of Divorce is public record, but you can have a separate property settlement agreement which is incorporated as part of the Judgment of Divorce, but is not part of it, and is kept separate so that your settlement is not part of the court file, and therefore is no one’s business. If it is worded properly, it can be enforceable as part of the divorce, and this is something that you would have to talk to your attorney about.

1. If my spouse wants a divorce and I do not want one, can I stop it? No. Under the laws of the State of Michigan, a divorce is based upon the breakdown of the marital relationship to the extent that the objects of matrimony have been destroyed, and there remains no reasonable likelihood that the marriage can be preserved. If one party wants out, and the other party is opposed to it, there is still a breakdown and therefore a divorce must be granted under the laws of our state. In many cases, where there are sensitive financial issues, these should be in a separate agreement that is not part of the public record because your finances are no one else’s business.