In Michigan, there is no real advantage to filing first. Sometimes, a person will be advised to file quickly in order to obtain a court-ordered “freeze” on marital assets if he or she suspects their spouse is transferring assets in anticipation of divorce. This is known as a “status quo” order or restraining order. A common technique among divorce lawyers in Michigan is to file a Counterclaim for divorce in answer to a Complaint, which has the effect of making both spouses the “Plaintiff”. There is no legal significance to this tactic, although the counterclaim allows either party to appear in court at the end of the divorce to receive the formal divorce ruling from the judge. Without a counterclaim, the Plaintiff must be present to receive the ruling from the court.
Does it matter whether I am the first one to file a Complaint for Divorce?
October 28, 2013 by Timothy Flynn