There are a lot of urban myths floating around out there. From the yeti to the “faked” moon landing, there are many strange things that people are willing to believe these days. (Have you heard the one about Courtney Love being the supposed granddaughter of Marlon Brando?). There are all kinds of goofy urban legends waiting to trip up the unsuspecting and dupe the naive. In most cases, they’re harmless.
But while believing in Santa or the Loch Ness monster might get you laughed at, it won’t cause you stress. Believing nonsense about divorce, on the other hand, can make life unnecessarily harder for you. So let’s put a few of those misbeliefs to bed, shall we?
1. If you cheat on your spouse you lose everything in the divorce.
This one has been perpetuated through movies for ages, and many misinformed spouses still make threats to “take you for all you’re worth” if they discover that you’ve strayed from your marital vows, but it simply isn’t true. Divorce in ‘no fault’ in Michigan, which means it doesn’t really matter who did what to cause the divorce.
Also, the courts prefer an equitable split of your assets. While this doesn’t mean everything you own or owe is going to be split 50/50, it does mean your spouse can’t take you for everything you’re worth in a Michigan divorce court just because they’re angry at you, or hurt by your actions.
2. If you don’t pay child support your ex can deny you visitation.
Many people believe this one, which is unfortunate because it isn’t true at all! Visitation, just like custody, is awarded by the court, and only the court can take it away or change the order. If your ex was assigned full custody of your kids and you were given twice a week visitation, then your spouse has no legal right to deny you the time with your kids that the court gave you.
Not paying your child support can certainly result in other, less than pleasant consequences for you (including wage garnishments and even jail time) but you won’t lose access to your kids. If your ex does keep your kids from you, they are violating a court order, and they can end losing custody of the children as a result. In the end, it’s a very stupid move to ignore a court order!
3. Your spouse can deny you a divorce is they want to.
This one is a holdover from the days before the ‘no fault’ divorce law passed in 1973 in Michigan. The reality is, if one spouse wants a divorce, even if their spouse doesn’t agree (and refuses to participate in the process in any way, like not signing the papers) your divorce can still be finalized in a matter of months!
Michigan law doesn’t require that two spouses agree on a divorce in order for the court to grant it. One person simply has to decide that they no longer wish to be married, and they can file the papers and start the process. What their disagreeable spouse does may slow the process down, but ultimately it cannot be stopped, denied, or refused in any way.
If you have questions or concerns about the divorce process
Then you’ve come to the right place. Here at The Kronzek Firm, our experienced family law attorneys have been helping the people of Michigan with their divorces for decades. We explain everything you’re not sure about, help you understand exactly what the process involves, and navigate every aspect of your divorce with you. So if you’re not sure what comes next, or have questions about divorce in Michigan, call 866 766 5245. We’re here to help.