Jackman & Kasody PLLC

Michigan residents contemplating a divorce as well as those who are already in the process of getting one are likely to be inundated with well-meaning advice from family and friends. However, they should take some of this advice with a grain of salt as some of it may not be true.

One common misconception is that parents can figure out child support payments on their own without legal assistance. While they could take a look at state guidelines, support payments tend to be guided by a number of things, including parental income, employment, health insurance and childcare. This is why determining child support payments can be more complicated than parents may think.

Divorcing couples may also be told that if one gives up their interest to the spouse, they're no longer liable for the mortgage, which is not true. The lender will still expect to be paid if that spouse doesn't keep up on mortgage payments. The spouse giving up their interest can protect themselves by stating they are no longer responsible for the payment.

People may tell a couple that because Michigan is a no-fault divorce state, spousal misconduct isn't considered as grounds for a divorce. While this is true, a judge can consider marital misconduct during the property settlement process. Misconduct could prove costly in a high-asset divorce.

Heeding the well-intentioned advice of friends and family could have costly consequences for divorcing couples. Divorce attorneys may be able to debunk these statements and help engineer a divorce settlement that is fair. If a divorce proceeding is not given the detailed attention it requires, it could have far-reaching consequences.

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