When it comes to filing for divorce in the Lansing area, filing first may sometimes provide certain strategic advantages, especially in counties like Ingham, Clinton, and Eaton. Whether you live in Lansing, East Lansing, Mason, or St. Johns, discussing the benefits of filing first with your attorney can help you make effective decisions as you begin the divorce process.
Michigan Divorce Law: The Basics
Michigan is a no-fault divorce state, which means you don’t need to prove wrongdoing by either party to get a divorce. To obtain a divorce, you must show that the marriage has irretrievably broken down with no reasonable likelihood of preservation.
As long as one or both spouses have lived in the state for at least 180 days, Mid-Michigan divorces are filed in the circuit court of the county where at least one spouse has lived for at least 10 days. If the couple has minor children, it is easiest to file in the county where the children reside. If you and your spouse live in different counties, you should consult with a family law attorney about which county you should file in.
Key Advantages of Filing First in a Lansing, Michigan Divorce
1. Getting a Head Start and Case Strategy Advantage
Filing first gives you a head start to:
- Meet with a Lansing area divorce attorney without pressure.
- Gather financial documents like tax returns, pay stubs, bills, credit card statements, bank statements, and retirement account records.
- Plan for housing and childcare, especially important for families in school districts like Okemos, DeWitt, East Lansing, or Holt.
Generally, the spouse who files first presents their argument first at the divorce trial. Meaning your attorney has the opportunity to set the tone by introducing strategic facts first, which might be an advantage. However, in Ingham County, Eaton County, Clinton County, Jackson County, and Livingston County, only about 5% of divorce cases end in trial. Experienced divorce attorneys settle most cases without a trial. The family law lawyers at THE KRONZEK FIRM push hard to resolve divorces without the cost and acrimony of a trial. Settling a case is not a sign of weakness in a divorce case; it’s really a sign of strength, experience, and skill.
2. Asset Protection
Filing first can protect significant marital assets. Your attorney can quickly seek a temporary restraining order to prevent hiding or transferring property.
Things to Keep in Perspective
Filing first may give you certain procedural advantages, but advantages do not mean a guaranteed outcome. Lansing area family courts still base their final decisions on equitable division of assets and the best interests of the child. You should always consult with your divorce attorney about what legal strategies will work best given your circumstances.
Conclusion: Is Filing First the Right Move in Mid-Michigan?
If you’re considering divorce in Ingham County, Eaton County, Clinton County, or one of our surrounding counties, speaking with one of our family law attorneys can help you assess whether filing first aligns with your long-term strategy, whether that’s securing parenting time, protecting financial assets, or maintaining stability for your children.
At The Kronzek Firm, our attorneys have been representing clients throughout Mid-Michigan, including Lansing, Mason, Clinton, DeWitt, and Charlotte, for over 30 years. We understand the local family law court systems and what it takes to build a strong case from day one.
📞 Call our Lansing office 24/7 at(517) 886-1000 to schedule a confidential consultation with our top-ranked Lansing area divorce attorney. We can arrange after-hours appointments when needed.
[Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult with an experienced Michigan divorce attorney.]