My Spouse Filed for Divorce. What Should I Do Now?

My Spouse Filed for Divorce. What Should I Do Now?

Regardless of whether you expect it, getting served with divorce papers can be a life-altering moment, potentially leaving you unsure of where to turn. At Iafrate & Salassa, P.C., we practice family law to help clients like you through their most difficult moments. We’re here to guide you through the process and help you take the right steps from the very start.

Steps to Take When You Have Received Divorce Papers

1. Read the Documents Carefully

Take time to understand exactly what your spouse is requesting. The divorce papers will outline their position on property division, spousal support, and, if you have children, custody and parenting time arrangements. This information helps you prepare your response and identify areas where you may disagree.

2. Consult a Divorce Lawyer

Speaking with an experienced lawyer is crucial, especially if your situation involves:

• Complex financial assets, including real estate or retirement accounts
• Disagreements about custody or support
• Any history of domestic violence

A lawyer can explain your rights under Michigan divorce law and help you understand the potential directions and outcomes of your case.

3. File an Answer to Complaint for Divorce

You must respond to the divorce papers within strict deadlines:

• 21 days if personally served
• 28 days if served by mail or while outside Michigan

Your Answer tells the court whether you agree or disagree with your spouse’s filed Complaint and indicates that you will participate in the divorce case. Failure to respond can result in a default judgment, meaning the court may grant everything your spouse requested without your input.

4. Consider a Counterclaim

A counterclaim is a response that allows you to make your own requests to the court. This is necessary if you want:

• A name change as part of the divorce
• A different spousal support arrangement than the one proposed, if any
• Specific custody or property arrangements

5. Attend All Scheduled Hearings

Court appearances are mandatory. Missing hearings can result in unfavorable decisions being made without your participation. Mark all dates on your calendar and arrange for legal representation if needed.

The Timeline for Michigan’s Divorce Process

In Michigan, there are mandatory waiting periods before your divorce can be finalized:

• Two months if you have no children together
• Six months if you have children together

Remember, being the defendant doesn’t inherently mean you’ve done anything wrong. It simply means your spouse filed the paperwork first. You have equal rights to participate in decisions about your future.

Protect Your Rights and Future

The divorce process presents emotional and legal challenges from the start, but you don’t have to face it alone. Retaining a divorce lawyer is one of the most important decisions you can make during this time. A skilled lawyer can clarify your legal rights, ensure paperwork is filed correctly, and advocate for your best interests in court. They can also help you avoid potential costly mistakes and ensure that no detail is overlooked.

If you’re facing divorce in the St. Clair Shores area, the experienced family law lawyers at Iafrate & Salassa, P.C. can provide the compassionate guidance and skilled representation you need. We understand the unique challenges of divorce and are committed to helping you achieve a fair resolution that protects your interests and those of your children. Contact us today to discuss your situation and explore your options.