When it comes to Michigan divorce law, there are a lot of misconceptions out there. Below are five of the most common divorce myths.
A spouse needs to allege grounds to get a divorce
This is false. Michigan offers no-fault divorces. All a spouse needs to do to get a divorce under Michigan law is allege that there has been "a breakdown in 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."
Mothers are always granted child custody
Traditionally, a preference was given to mothers in custody determinations, but this is no longer the case. Child custody is granted according to the best interests of the child based on a number of factors, none of which are based on the gender of the parent.
A spouse that commits adultery cannot receive alimony
In Michigan, the issue of fault in a divorce is relevant when determining alimony, but this is only one factor for the court to consider. A spouse that commits adultery can still receive alimony if other factors, such as their need and the ability of the other spouse to pay, weigh in their favor.
If a divorce is contentious, it must be settled in court
Most divorces, even the contentious ones, actually settle out of court. Mediation can still be utilized, even when a divorce is acrimonious.
Spouses that get along do not need legal assistance
Even if there is no ill will being harbored and you feel that you and your spouse can agree to divorce terms on your own, it is still wise for each side to seek legal counsel. It is crucial to fully understand legal rights. Moreover, an experienced attorney can ensure that agreements are legally binding; court papers are properly drawn up; and that innocent mistakes don't cause harm down the road.
Speak to a legal professional to learn more about common divorce myths.