Michigan Divorce Law: Planning for Divorce

Proper planning for your divorce can help reduce conflict, simplify the divorce process, and achieve fair results with the least hassle and expense possible.  It is the first step in the divorce process, starting before you file your case.  If you are the Defendant in the case, and were caught by surprise, you may need to do some scrambling to catch up.

The amount and type of planning for a case varies with the circumstances.  Part of the process from my perspective is determining what your circumstances are so that I can figure out what we need to do in your case.

First, recognize whether you are at risk of harm.  If you are in an abusive relationship, your first priority should be safety.  Review the information on the Domestic Violence page.

Second, start gathering information.  The more information you have, the easier it will be to figure out your goals and develop strategies.  Documents sometimes "disappear" in anticipation of a divorce action being filed.  If this happens, you may incur extra attorney fees as I chase down the information (if it can be found at all).  Review the Document List for documents to collect and copy. 

Schedule an initial consultation.  The initial consultation is your opportunity to meet me, ask questions, and decide whether you wish to entrust your case to me.  If you do, we will identify what other information you or I may need to collect, set goals, and develop strategies to follow in your case.

Planning for Divorce FAQs

Should I move out?  It depends.  If you are the victim of abuse, place safety first.  Take the children with you if at all possible.  If you are not the victim of abuse, defer this decision until you can discuss it with your attorney.  Moving out can have tactical consequences concerning custody of children, allocation of expenses, or what happens to the house.  Moving out without all of your personal possessions can cost you bargaining leverage and money.  Sometimes moving out is the best thing to do, but there is no correct answer that applies to everyone.

Should I sell property or pay off debts?  It depends.  Arranging your finances sometimes makes sense.  But if you act without your spouse's consent, you may end up litigating whatever you did, you may look like the bad guy to the Judge, and it may boomerang on you.  Again, talk to an attorney first.

Should I put the house (my boat, my investments, etc.) in my mother's (brother's, friend's) name?  Generally not.  Any action to dispossess yourself of assets will look like fraud, even if the asset would have been awarded to you anyway.  If a Judge decides you fraudulently tried to conceal an asset, the Judge can award all of that asset (not just your spouse's half, but your half as well) to your spouse, and hit you with your spouse's attorney fees incurred to undo the fraud.  Your mother, brother, or friend may be named as a party in the case, causing them to also incur attorney fees. You will lose credibility on other issues that may come before the Judge, increase your spouse's distrust of you, and thereby increase litigation costs.  (The silver lining in this cloud is that your attorney will appreciate all the extra attorney fees the attorney gets to charge you for dealing with this, so at least your attorney will be happy.)

Should I clean out the bank account before my spouse can get it?  It depends.  Will you have access to other income and assets during the divorce?  Will your spouse?  Is the account likely to be awarded to you, to your spouse, or split?  If the bank account is marital property and you take it without your spouse's consent, you are really violating your spouse's right to the money.  There may be consequences, in terms of loss of trust by your spouse, which leads to more litigation.  You may look like the bad guy to the Judge.  You will definitely be required to account for the money, you may have to give all or some of it back, and you may be hit with an attorney fee award in favor of your spouse.  On the other hand, maybe you will need it to survive on.  Talk this one over with your attorney before you act.  If often makes sense to take half only.  Every case is different.

Should I get a Personal Protection Order?  If you are in an abusive relationship, we will often want to coordinate the obtaining of a Personal Protection Order with the filing of your divorce case.  You do not need a lawyer to file for a personal protection order.  In Kent County, you can go to the Courthouse, 180 Ottawa Ave NW, Grand Rapids, to Suite 3500, to apply for a Personal Protection Order.  If you have applied for a Personal Protection Order, and then come to see me about divorce, bring me a copy of your paperwork.  For more information, go to my Domestic Violence page or follow this link to the Court's web page on Personal Protection Orders.

Home   Divorce Procedures   Custody and Parenting Time   Child Support   Alimony   Property Division   Going to Court   Negotiation   Mediation   Arbitration   Annulment   Separate Maintenance   Paternity  Attorney Fees    Forms   About Michael Idema

Michael Idema

Divorce Lawyer

6410-A Alpine Ave NW

Comstock Park, MI 49321

(Between 7 & 8 Mile Roads)

mike@michaelidema.com

(616) 647-2200 

This is the Planning for Divorce page

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Divorce Basics

• Planning for Divorce
• Domestic Violence
• Divorce Procedures
• Defending Divorce
• Custody and Parenting Time
• Child Support
• Alimony
• Property Division
• Going to Court

Settling Disputes

• Negotiation
• Mediation
• Arbitration

Annulment

Separate Maintenance

Paternity

Attorney Fees

Forms

About Michael Idema

©Michael Idema 2006 - 2008

This web site provides information for general knowledge only, and is not a substitute for advice from a lawyer.  For advice about what to do in your specific case please call for a free initial consultation.