Strategic Considerations for Oakland County, Michigan
While not everyone has the luxury of being the first to file, when you can be first, it can provide a few advantages in Oakland County courts.
The Legal Framework in Michigan
Michigan is a no-fault divorce state, meaning that there does not have to be any wrongdoing by either party in order to seek a divorce. Under MCL 552.6, the only fact that needs to be alleged is “there has been a breakdown of the marital relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood that the marriage can be preserved.”
In Oakland County, divorce filings are initiated at the Oakland County Circuit Court, located in Pontiac, Michigan. Once a complaint is filed, the spouse who filed the complaint is the plaintiff, and the other spouse is the defendant.
Advantages of Filing First in Oakland County
1. Control Over Timing and Preparation
Being the first to file allows you to control the timing of the case.
Filing first gives you the opportunity to:
- Consult with a family law attorney without urgency.
- Collect and preserve important documents (bank statements, tax returns, real estate records, etc.).
- Plan for living arrangements, especially if you have children in school districts like Farmington Hills, Birmingham, or Royal Oak.
2. Safeguarding Assets and Preventing Surprise Moves
In contentious divorces, especially those involving high-value assets in cities like Bloomfield Hills or Rochester Hills, it’s not uncommon for one spouse to try to hide or transfer assets away in anticipation of a divorce. Filing first and quickly may allow your attorney to request temporary restraining orders under MCR 3.206(A) to prevent such transfers or depletion of marital property.
3. Procedural Advantage in Court
While Michigan courts strive to be impartial, the party that files first generally presents their case first during hearings or trials. This can be an advantage when custody of minor children or complex asset division is involved. For example, if you’re seeking primary custody of children, filing first gives your attorney time to develop a good case strategy.
4. Venue Selection and Jurisdiction
Both parties must meet Michigan’s residency requirements, one party must have resided in Michigan for at least 180 days and in the county for at least 10 days (MCL 552.9). Filing first ensures the case proceeds in your county, such as Oakland County, rather than a less convenient or less familiar jurisdiction (like Wayne or Macomb County).
Limitations to Consider
It’s important to keep expectations realistic. Filing first does not guarantee an outcome in your favor. Judges in Oakland County are well-trained in maintaining fairness, and both parties will have the opportunity to present their side. The court’s decisions will ultimately be based on evidence presented, statutory guidelines, and the best interests of the child standard under MCL 722.23, not on who filed first. Also, Michigan law encourages resolution through mediation.
Final Thoughts
If you’re considering divorce in Oakland County, speaking with an experienced family law attorney can help you weigh the strategic pros and cons of filing first. Proper preparation and building a solid strategy are often more valuable than who reaches the courthouse door first.
The decision to file first should align with your long-term goals, protecting your children, your assets, and your future. At The Kronzek Firm, our attorneys have years of experience guiding clients through the unique legal challenges of divorce cases in Troy, Novi, Royal Oak, Ferndale, and throughout Oakland County.
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200 or by email at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]