As divorce attorneys serving clients throughout Oakland County and Macomb County, we understand that the decision to file for divorce is rarely made lightly. People often spend months or even years contemplating whether to move forward. Unfortunately, we often see clients make choices before filing that can harm their financial, parental, or legal position once proceedings begin.
In Michigan, where divorce is governed primarily by MCL 552.6, which allows for “no-fault” divorce based on the breakdown of the marriage, preparation and awareness can make an enormous difference in the outcome. Taking the right steps before filing can help protect property, children, and long-term interests.
Failing To Understand The Impact Of Michigan’s No-Fault Law
Many people assume that proving wrongdoing, such as adultery or abandonment, will improve their case, but Michigan’s divorce system is no-fault. Under MCL 552.6(1), a court may grant a divorce if “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed.” This means that misconduct does not determine whether a divorce will be granted.
However, fault can still play a role when judges divide property or consider spousal support under MCL 552.23. For example, wasting marital assets or engaging in conduct that harmed the family financially can influence an equitable property division. Misunderstanding this distinction can lead people to focus on proving fault rather than protecting their economic future.
Hiding Or Transferring Assets Before Filing
One of the most serious mistakes people make before filing is attempting to hide or transfer assets. Michigan courts require complete financial transparency during divorce proceedings. Under Michigan Court Rule 3.206(C), each party must file a verified financial disclosure, and failure to do so truthfully can lead to sanctions, unfavorable property division, or even perjury charges.
Moving money into a relative’s account, selling personal property, or withdrawing large sums of cash before filing can appear deceptive. Courts take these actions seriously and may penalize the spouse who attempted to manipulate finances. A better approach is to gather and organize bank statements, tax returns, and investment records early to ensure accurate reporting once the process begins.
Ignoring The Financial Reality Of Divorce
Divorce is not just an emotional separation; it is a financial restructuring of two lives. Many clients underestimate post-divorce expenses or assume their standard of living will remain unchanged. Michigan law requires an “equitable” (not necessarily equal) division of property under MCL 552.19. Debts accumulated during the marriage are also subject to division.
Those preparing for divorce should create a detailed budget reflecting current and anticipated expenses, including housing, insurance, and child care. Consulting with a financial advisor before filing can help identify how assets such as retirement accounts or real property might be divided and what support obligations may apply.
Using Social Media Carelessly
Posting about finances, relationships, or frustrations on social media is one of the most common and damaging mistakes before filing. What may seem like harmless venting can later be used as evidence in court. Photos showing luxury purchases, vacations, or nights out can undermine claims about financial hardship or parental suitability. Judges expect honesty and consistency, and anything posted publicly can be subpoenaed. Before filing, it is wise to adjust privacy settings, limit posts, and avoid sharing information that could be misinterpreted during proceedings.
Failing To Prioritize The Children’s Well-Being
In divorces involving children, Michigan law requires that all custody and parenting time decisions be made according to the “best interests of the child” standard under MCL 722.23. Parents sometimes make the mistake of speaking negatively about each other in front of their children or involving them in adult conflicts. These actions can affect the court’s perception of a parent’s ability to foster a healthy co-parenting environment. Maintaining stability, keeping communication civil, and shielding children from hostility are key factors courts consider when making custody and parenting time determinations.
Waiting Too Long To Consult An Attorney
Some individuals attempt to manage the early stages of divorce preparation alone, thinking they will involve an attorney later. However, failing to consult with counsel early can result in costly missteps. Legal advice before filing can help avoid mistakes such as moving out of the marital home prematurely, signing informal agreements, or overlooking critical evidence. An attorney can also help develop a strategy for filing that protects both legal and financial rights from the outset.
Michigan Divorce Frequently Asked Questions
What Documents Should Be Gathered Before Filing For Divorce In Michigan?
Organizing financial information early helps ensure an accurate division of marital property. This includes pay stubs, tax returns, bank account statements, mortgage and loan documents, and insurance policies. Gathering these materials before filing allows an attorney to evaluate assets, debts, and income sources more efficiently and prevents surprises later in the process.
Can A Spouse Be Penalized For Hiding Assets During Divorce?
Yes. Michigan courts take financial disclosure obligations seriously. If a judge determines that a spouse intentionally concealed property or funds, penalties may include awarding a larger share of marital assets to the other spouse or holding the offender in contempt. In extreme cases, a judge may refer the matter for criminal investigation.
How Long Does A Divorce Take In Michigan?
The timeline depends on whether children are involved and the complexity of the case. Without minor children, Michigan law imposes a mandatory 60-day waiting period before a divorce can be finalized. If children are involved, the waiting period extends to six months. Disputes over custody, property, or support can delay the process.
Does Fault Ever Affect Property Division Or Spousal Support?
Although Michigan is a no-fault state, a judge may still consider one spouse’s conduct when determining equitable property division or spousal support. For example, financial misconduct or domestic violence could influence how assets or debts are allocated between spouses.
What Happens If A Spouse Refuses To Cooperate During The Divorce?
If one spouse fails to participate, the court can enter a default judgment based on the available evidence. However, even in default situations, the court must still review financial disclosures and ensure that property and custody determinations comply with Michigan law.
Should Both Spouses Stay In The Same Home Before Filing?
Whether to stay or move out depends on safety and practicality. Leaving the marital home can impact future custody arrangements or property division. Consulting with an attorney before making that decision ensures that any move is made strategically and with a clear understanding of the potential consequences.
How Can Parents Protect Their Children Emotionally During Divorce?
Maintaining open communication, keeping routines consistent, and avoiding negative discussions about the other parent can minimize emotional stress for children. Co-parenting counseling or family therapy may also help children adapt more smoothly during the transition.
Call Boroja, Bernier & Associates For A Consultation
At Boroja, Bernier & Associates, we understand how difficult it can be to prepare for divorce. Every decision made before filing can affect financial stability and family relationships for years to come. Our attorneys help clients across Troy and Shelby Township, and throughout Oakland and Macomb Counties, make informed decisions and avoid costly mistakes.
To schedule a free consultation with the Michigan divorce attorneys at Boroja, Bernier & Associates, by calling our law offices at 586-991-7611. Our offices in Troy and Shelby Township are ready to assist with every aspect of the divorce process and protect what matters most.
