One of the most common questions we divorce attorneys hear is: Does it matter who files for divorce first? Many people think filing first gives them an advantage over their ex-spouse during disputes over custody and property division.
In truth, it often doesn’t matter in terms of guaranteeing a certain outcome. However, in some situations, filing first can give you a strategic edge. We need to discuss what strategies we should utilize to work towards a favorable outcome in your case.
Michigan Divorce Law Basics
Michigan is a no-fault divorce state. This means that in order to file for divorce, a spouse has to plead that “there has 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. Put another way, we do not tell the court that the divorce is happening for reasons other than the breakdown of the marriage. “Fault”, such as domestic violence or adultery, can come into play when determining the equitable division of marital property and spousal support. Certain bad conduct will also be factored into custody and parenting time decisions.
In most cases, it does not matter which spouse files first in a Michigan divorce. However, there are key areas where filing first can matter.
When Filing First May Help You
Child Custody and Other Initial Matters
All custody decisions in Michigan, including Livingston, Clinton, and Ingham Counties, are decided using the “best interests of the child” standard. Filing first allows you to frame the issues for the court; however, judges will focus on the facts of the case. This is usually a strategy, and you should consult our attorneys to determine whether filing first is important in your case. We have experience with thousands of clients involving most counties in the lower half of Michigan’s lower peninsula. When we are retained to represent a spouse, we’re methodical, strategic, non-judgmental and deliberate in our actions.
If domestic violence is an issue, filing first can allow you to request a PPO and temporary orders for custody, support, and exclusive use of the home at the same time that you file the complaint for divorce. The Circuit Court Judges in our family courts in Ingham County, Clinton County, Eaton County, Jackson County, and surrounding areas take safety allegations seriously and may issue these orders in your favor depending on your circumstances. Again, our attorneys have decades of experience helping family law clients. We can properly assess your circumstances to assist us in determining the best strategy for your divorce case.
Preventing Disposing of Assets
If your spouse is threatening to dissipate marital assets, filing first allows you to request an order preventing asset transfers until the divorce is finalized.
FAQs About Filing First in a Michigan Divorce
Will filing first give me more property in the divorce?
No. Michigan follows equitable distribution principles, meaning property is divided based on what is fair, not on who filed first.
Can I get custody just by filing first?
Not automatically. Custody is decided under the “best interests of the child” factors. But filing first lets you request temporary custody at the start. It is rare that custody decisions are made quickly or based on which parent filed first.
Does it cost more to file first?
No. The filing spouse pays the initial court filing fees of $255, but costs even out as the case progresses.
Should I rush to file?
Consult with your attorney. Timing matters most if there are custody disputes, domestic violence concerns, or financial risks.
Why You Need an Experienced Michigan Divorce Attorney
Divorce is a complex legal process; going it alone can cause costly mistakes. While filing first doesn’t guarantee a better outcome, having a skilled divorce lawyer ensures you don’t lose valuable strategic options. An experienced Michigan attorney can:
- File for temporary custody, support, and other orders at the start of your case if that’s important under the unique set of facts for your case.
- Protect your financial interests by seeking restraining orders against asset transfers.
- Guide you through very complex court procedures.
- Prepare for and represent you at trial if issues can’t be resolved. However, our firm settles nearly all divorce and custody cases without the need for a trial.
Contact Us Today!
If you’re considering divorce in Mid-Michigan, speaking with a local family law attorney can help you assess whether filing first aligns with your long-term goals, whether that’s securing parenting time, protecting financial assets, or maintaining stability for your children.
At The Kronzek Firm, we understand what it takes to build a strong case from day one. After we understand your case, we will assist you in choosing the strategy that works for you and advocate for a favorable outcome. Our attorneys have been representing clients throughout the Mid-Michigan area, including Lansing, Mason, DeWitt, and Charlotte, for over 30 years.
📞 Call our Lansing office 24/7 at (517) 886-1000 to schedule a confidential consultation with a trusted Mid-Michigan divorce attorney. You can also reach us by email at contactus@kronzek.law.
[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.]