Divorce is a Bumpy Road: What to Expect if One May Be in Your Future

The decision to file for a divorce is rarely a quick decision, and it certainly shouldn’t be. The law in Michigan requires that for a divorce to be granted there must have been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. Thus, prior to filing for divorce, hopefully a couple has done everything in their power to attempt to preserve the marriage. During this time when people are trying to preserve their marriage at all costs, it may be beneficial to prepare oneself for the possibility that preservation is not possible.

We often meet with clients at this stage of their marriage and counsel on what steps can be taken to prepare for a potential divorce. The filing of a formal divorce proceeding can have a substantial impact on all facets of your everyday life, and while you may not be able to prevent these changes from coming, you should understand what these changes are and be prepared should this alternate reality become the norm by either party filing for divorce.

KNOW YOUR FINANCES: Time and again one partner in a relationship deals primarily with family finances. This person has all contact with financial institutions to an extent that the other partner may not even know what bank the family uses. In a divorce, assets and debts are equitably divided and in preparing for a these major life changes you will need to know what to expect. Will one party be able to afford a separate living arrangement during the pendency of the divorce and after? Will one party have sufficient assets to be able to retain the marital home? If the parties separate will both be able to provide for themselves and their children? Will either side likely be liable for child/spousal support?

While you may not like the answers you get, being prepared can alleviate some of the inherent stress in a divorce proceeding.

KNOW WHERE YOU WILL GO: In Michigan, couples with children under 18 years of age or younger are required to wait a minimum of 6 months from the date of filing before a Judgment of Divorce will be issued. During that time, it is often very awkward for the couple to remain living together under the same roof. If one of the parties has family nearby, that may be an option for one party’s relocation. That being said, there can be consequences to leaving the marital home and you should consult with your attorney before making such a decision.

CUSTODY DURING THE DIVORCE: Perhaps the hardest part of going through a divorce is going from seeing your little ones everyday to something less than that. Both parents are required to act in a manner that takes account of the best interests of the children, and hopefully that means splitting time evenly with the kids. There are, of course, circumstances where this setup is not in the best interests of the children or not practical and this is something that you need to consider before your case is filed with the court.

A divorce is hard enough on its own, but if you believe that a divorce may be in your future (hopefully it isn’t), you owe it to yourself and your family to sit down with an experienced family law attorney and know what is coming. Contact The Law Office of Mattias Johnson today for a free consultation and let us help you prepare for what might be coming.