Do you need a Clinton Township Divorce Lawyer?

Will my spouse or I have to be served with Divorce papers?

Yes. A Divorce is a Civil lawsuit. The spouse initiating or filing the case is the Plaintiff and the responding party is the Defendant. Once the Divorce has been filed with the court, the Defendant must be served with notice of the lawsuit. Typically, this is done by a Process Server who will be hired by the law firm, to hand deliver the notice and legal documents to the Defendant. There are other ways the defendant can be served notice, such as Certified Restricted Mail or the Defendant signing an acknowledgement of service. 

Should I tell my spouse I am planning to file for divorce?

Maybe. Sometimes it is a good idea to be open and upfront about the situation. This is typically when both parties understand there will be a divorce and mutually agreeable to dissolving their marriage. It is good to discuss the issues in your divorce openly and build on that trust, as your work to resolve all the issues in your divorce. With that said, don’t discuss details of any settlement with our spouse, without first speaking with your attorney. 

However, sometimes it is not good to disclose to your spouse that you are planning to file for divorce. This is often a circumstance where a person may be fearful of their spouse or their spouse’s reaction to the filing of the divorce. In this case, it is best to delay communicating your intentions, until after your attorney files the case with the court and secures protective orders. 

Can I move out of the house, during my divorce?

Yes. Either party can move out of the house during a divorce. However, I don’t typically recommend it.  

First, it will cause your divorce to cost more. When a person moves out of the house during a divorce, they will face having to pay for their new home or rental and still have to provide funds to support the marital home. 

Second, it can delay the divorce. If one party moves out, the other part that remains in the house is not motivated to settle the case. They tend to be more relaxed and now have the entire house to themselves, while the other spouse contributes money each month to support that lifestyle. 

Third, it can cause your divorce to cost more. If one party moves out of the house during the divorce, you can expect to spend more money on legal fees. The additional fees would be to pay for the additional time it takes to communicate and negotiate the terms of the move out. 

Fourth, if there are minor children involved, it may jeopardize your child custody or parenting time claim. If a party moves out during divorce, they cannot take the children. The children remain in the marital home. You must have a court order and/or spousal consent, to remove the children from the home. Again, this will cause additional legal fees to discuss and negotiate parenting times and child support. Finally, you could be at risk of allowing the other parent to establish a “custodial environment” during the interim which could have additional legal issues. 

Can I force my spouse to move out once the divorce is filed?

No. Both of you have the right to continue to live in the marital home until the divorce is final. Although most divorcing couples don’t have sexual relations during the divorce, you continue to cohabitate and pay bills like you were prior to filing divorce. However, the most common cause of a party moving out of the marital home is due to domestic violence during or just prior to filing of divorce. 

Typically, the offender is arrested and removed from the house by police (at or near the time of assault). Once the offending spouse is charged with domestic violence they will be barred from returning to the marital home. This is the case even if the victim spouse wants the offending spouse to return home.