Joseph P. Ciaramitaro Divorce Law Blog on Lawyers.com

Common divorce myths in Michigan 
I know an attorney who wins every time…do not worry, no judge would ever do that…
 
Are you considering a divorce?  If you are, or know someone who is, you may have heard someone offer friendly advice on divorce. Keep in mind that not all such advice is accurate.

The process of divorce is straightforward—it is the purposeful fragmentation of the lives of its participants in order to examine, separate, and allocate those pieces into separate households, including property, children, and emotions.  The discomfort of dissolution gives rise to common misconceptions that are passed on—for better or for worse—and include the following:

• Property is split 50/50.  Michigan is an equitable distribution state.  Property, assets, and debt are split equitably, not necessarily evenly.  If a court decides the division of assets, the judge takes a number of factors into account in making a property determination—including the contribution of each party to the acquisition, maintenance, and dissipation of assets.
• Mothers always get custody.  Courts in Michigan prefer both parents maintain active engagement with their children.  If parents cannot agree on custody and parenting time arrangements, a court then decides these issues based on the evaluation of twelve factors that consider the best interests of the child.  Sole custody is not usually awarded without unusual deficiency on the part of one parent.
• The enemy within.  Anger and fear make any divorce worse for participants, children, family, and friends.  Poor behavior during the divorce process creates a lifelong impression.  Spouses who behave with restraint and respect generally have lower legal fees, lower blood pressure, and create more satisfying post-divorce lives.
• For the children.  Be honest and authentic with your children. If your marriage has failed, it is often best to move on while protecting the emotional well-being of each child.
   

Contact us for help with family law

In Macomb County, or elsewhere—information about divorce is only as good as its source.  If considering divorce, speak with an experienced divorce attorney for focused advice that is as unique as you are.
 
The Law Offices of Joseph P. Ciaramitaro, P.C.
42850 Garfield
Suite 104
Clinton Township, Michigan 48038
586.630.5761