Is There an Advantage to Filing for Divorce First in Michigan?

Filing for divorce is rarely easy, and it’s natural to feel unsure about making the first move. Many hesitate, wondering if starting the process could create unnecessary conflict or disadvantage themselves in court.

At Robbins & Licavoli, we have years of experience helping clients navigate the divorce process in Michigan—whether they were the ones filing or the ones served. In this post, we’ll explore the pros and cons of filing for divorce first, offering insights from our experience and outlining everything you need to know about taking that first step in Michigan.

Michigan Divorce Law Overview

Michigan is a “no-fault” divorce state. This means that neither party has to prove wrongdoing, such as infidelity or abandonment, to file for divorce. The only requirement is that there has been an irreparable breakdown of the marriage and there is no reasonable likelihood of reconciliation.

This no-fault law ensures that spouses are treated equally regardless of who files first. However, filing first can still affect the divorce process

Advantages of Filing First

Being the first to file for divorce in Michigan can provide several advantages, ranging from logistical control to strategic preparation. Here’s a closer look at how filing first might work in your favor.

1. Choosing Jurisdiction

When you file for divorce, you decide which court will oversee your case, provided it meets the residency requirements. This can be particularly advantageous for divorcing couples residing in different counties or states. By choosing the jurisdiction, you can ensure the proceedings take place in a location that is convenient for you, potentially sparing you additional travel and legal hassle.

For instance, if you live in Michigan and your spouse has relocated to another state, filing first allows you to ensure the case is handled locally, which may save time and expenses.

2. Preparation Time

Filing first gives you a head start in gathering the necessary documents and building your legal strategy. This preparation is crucial, as the divorce process requires substantial documentation, including:

• Pay stubs and income statements  
• Bank records and retirement accounts  
• Real estate deeds and mortgage documents  
• Records of joint debts and liabilities  

With this proactive approach, you’ll be better equipped to provide a clear and organized case, which can be critical when discussing the division of assets or child custody arrangements.

3. Asset and Child Protection

When you file first, you can request temporary court orders to protect your financial assets and ensure the well-being of your children. Courts can issue temporary restraining orders that prevent spouses from depleting joint accounts, selling property, or making significant financial changes during the proceedings.

For parents, these court orders can also address custody arrangements, visitation schedules, and child support. Filing first allows you to influence these initial decisions, often setting the tone for future agreements.

4. Securing Legal Representation Early

Filing first means you’ll likely retain your preferred attorney before your spouse does. Quality legal representation is key to navigating divorce effectively. Hiring a skilled divorce attorney early allows you ample time to discuss your concerns, explore options, and craft a solid plan.

Additionally, in some cases, attorneys may be unable to represent both parties if a conflict of interest arises. Filing first ensures your chosen attorney can focus solely on your best interests.

5. Gaining Control Over the Process

Filing first can give you control over how the process unfolds. It allows you and your attorney to dictate the pace and tone of the proceedings, ensuring that your concerns are addressed early. This control can be invaluable, particularly in contentious cases.

For example, the filing spouse typically presents their case first in court, which can shape the narrative of the divorce. This “first impression” may affect how judges perceive the contested issues, giving you a potential edge.

Disadvantages of Filing First

While there are benefits to filing first, it’s important to consider the potential drawbacks. Filing first may not always be the best choice depending on your circumstances.

1. Potential for Increased Costs

Filing first means you’ll be responsible for paying the court filing fees upfront. These fees vary by county but generally range between $175 and $255 in Michigan, depending on whether minor children are involved. While these costs may not seem significant compared to the overall expense of divorce, they are still something to factor in.

Additionally, filing first requires serving divorce papers to your spouse, which could involve hiring a process server or sheriff. This is another expense to consider.

2. Obligation to Inform Your Spouse

When you file for divorce, you must officially notify your spouse by serving them with a copy of the complaint and summons. This process might create tension if your spouse is unprepared for the news. However, if both parties have already discussed divorce and reached some agreement, this step may be smoother.

It’s also worth noting that Michigan law allows spouses to waive formal process service by signing a written acknowledgment. This option can reduce stress if you and your spouse are on amicable terms.

So, Should You File for Divorce First?

Deciding whether to file for divorce first is highly personal and depends on your unique circumstances. Filing first can give you strategic and logistical advantages, but it may come with additional responsibilities like covering filing fees and serving your spouse.

Ultimately, the best way to determine your course of action is to consult with an experienced divorce attorney. At Robbins & Licavoli, our team is committed to understanding your situation fully and providing tailored advice to help you achieve a favorable outcome. Contact us today for a consultation. We’re here to help you take the next step with confidence.