Consider a "Divorce Petition" Instead of a Divorce Lawsuit
Many people have no idea that there is an alternative to “filing for divorce” — which is filing a lawsuit against their spouse. Many potential clients are surprised to learn that “filing for divorce” means they will be initiating a lawsuit — with all of the legal steps, evidentiary hurdles and trial preparations required to complete a lawsuit.
Preparing for trial usually is not the best way to handle sensitive personal, emotional and financial issues. Sometimes “going to court” is absolutely necessary, but in many cases there is a better alternative to the traditional divorce lawsuit.
Although it never received much fanfare, the law creating the “Divorce Petition” process was established in Michigan over six years ago. The new Michigan “divorce petition” is an excellent tool for couples who seek to divorce with respect, without the need to incur costly trial preparations, and without the expense, stress and uncertainty of a traditional divorce lawsuit.
If you and your spouse want to keep the decision-making in your hands and avoid a divorce lawsuit, the Divorce Petition process is an important alternative to the traditional divorce lawsuit.
To be a good candidate to use the Divorce Petition process, consider the following factors:
Do both parties have a general acceptance that divorce is their next step (even if they don’t both necessarily “want” the divorce)?
Do both parties have reasonably good access to their financial information (or can they arrive at an acceptable way to make sure the spouse with less financial information becomes well informed)?
If there are minor children, do the parties believe they have — or can work out — a mutually acceptable parenting schedule and support arrangements to serve their children’s need?
Are both parties motivated to cooperate to complete forms and exchange information in order to complete the divorce process efficiently and spare themselves the expense and stress of a traditional divorce lawsuit?
At Banfield Couling Law and Mediation, PLLC, we are leaders in helping clients divorce respectfully using the Divorce Petition process. That process can be most efficiently accomplished through the Streamline Divorce process where it fits the parties’ needs, but the petition process can also accommodate more complex situations using a variety of other effective legal tools.
A Divorce Petition action is a separate type of legal action from a traditional divorce lawsuit. As a result, it is important to emphasize that that the decision to use the Divorce Petition process must be made mutually by both spouses before a divorce lawsuit is filed. Where the parties do not communicate or cannot agree to use the Divorce Petition process, the divorce lawsuit may be the only legal option.
For information comparing the divorce lawsuit and petition options and whether they may be a good fit, our free resources are available on our website at: https://coulinglaw.com/videosandhandouts
PLEASE NOTE: This article is not intended to constitute legal, financial and/or tax advice. We do not recommend making important decisions of the type addressed in this article without specific legal or tax advice by your own licensed accountant or lawyer.
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visit our blog at: https://coulinglaw.com/blog