The timing of initiating dissolution proceedings in Michigan, specifically concerning which party files the initial paperwork, is often a point of inquiry. Filing first, in essence, means being the plaintiff in the legal action. The other party becomes the defendant, responding to the complaint. This procedural aspect can influence the initial control over the case’s progression.
While the court ultimately aims for equitable outcomes irrespective of who initiated the proceedings, being the first to file provides certain advantages. The filer has the opportunity to frame the initial narrative of the marital dissolution. Historically, filing first might have been more strategically advantageous, particularly in fault-based divorce systems. However, Michigan is a no-fault divorce state, meaning marital misconduct is generally not a factor in the division of assets or spousal support. Despite this, the timing can still indirectly impact the process.
