Should I Get a Divorce? | Answers from a Divorce Lawyer

By Member Lawyer

I’m a divorce lawyer. So that means I should have all the answers about Divorce, right? No. In fact I can’t tell you whether or not to get a divorce. In fact it would be a fraud on the court and serious breach of ethics for any attorney to advise you to get a divorce. Here is why:

Under penalties, of perjury you must swear in an Affidavit the truth of the allegations in your complaint for divorce—so they better be true. When a plaintiff files a complaint for divorce they usually elect to choose the ‘no fault’ option so that they do not have to prove the grounds for divorce such as adultery, for example. Pursuant to the Michigan no-fault divorce statute, MCL 552.6(1), the plaintiff must allege that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

If you choose to get a divorce based on someone telling you to get one, then you may be committing perjury when you file your complaint for divorce with a Michigan Court. Your divorce attorney’s job is to explain the divorce process to you such as what the costs and benefits are and allow you to make the decision, not make the decision for you. The bottom line is that whether to file for divorce is your decision alone. However, it is important to have the right advisor on your side to educate you about the divorce process.

If you are considering filing for divorce or have to defend a divorce action, please contact Diana Mohyi Attorney at Law.

Trevor Neely
Author: Trevor Neely

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