Talk to a Divorce Lawyer in Michigan serving all of Monroe County, Michigan and Downriver Detroit
Rushing through a divorce to avoid conflict and stress can prove too costly. If you have relationships to protect or assets to preserve, please contact the divorce lawyers in Monroe, Michigan at the Bruce Law Firm. Finding the best divorce lawyer in Michigan is an important first step.
Whatever your current feelings toward your spouse, the prospect of divorce is intimidating. If you have children, you must protect their interests without sacrificing your future. Fundamental changes to come may make it necessary to rethink your approach to finances, savings, and investments.
What do Michigan divorce laws require in regards to residency?
Michigan divorce laws have specific requirements in regards to residency. Michigan Statute MCL 552.9 requires that one party must reside in the State of Michigan for at least six (6) months and the County they are filing their divorce complaint in for ten (10) days before filing. Michigan divorce laws require either be either the Plaintiff or the Defendant satisfy this standard.
Michigan divorce laws also have special rules that apply if one party is in the military. If the home state before enlisting is Michigan, the divorce complaint can be filed in Michigan. The divorce can be filed in this state even if one or both parties currently reside in another state or outside of the United States.
Is Michigan a No Fault Divorce State?
Michigan is a no-fault divorce state. It is not necessary to prove that one spouse is at fault for causing the marriage’s breakdown. In a Michigan no fault divorce one party only has to allege and testify that there has been a breakdown of the marital relationship. The objects of matrimony have been destroyed, and that there is no likelihood of reconciliation.
The advantage of a Michigan no-fault divorce is there does not have to be ugly mud slinging between the parties. The Court will just inquire if there exists a breakdown in the marriage. If this is the case a divorce can be granted.
Our lawyers can help you ensure your no- fault divorce complaint is accurate and complete.
What is the divorce process in Michigan?
When one partner in a marriage decides to file for divorce, they serve a complaint to the other partner. The responding party must answer the complaint within 21 days it is done personally or 28 days if served by mail.
The parties can then start the discovery process, where they obtain information in preparation for trial. The Court grants the divorce and rules on outstanding issues after the trial.
The Court will order mediation to help the parties resolve issues before scheduling a trial. Mediation is highly successful at resolving divorce matters. It is an opportunity for the parties to go before a neutral third party who will attempt to broker a final agreement. In Monroe, Michigan mediation is a service of the local Monroe County Friend of the Court. Mediation can cover many topics including personal and real property issues such as dealing with questions such as, “my spouse moved out can I change the locks“.
If the parties cannot reach an agreement, the Court will eventually schedule a trial.
At trial, both parties will present their case. After each case is given, the Judge will decide the terms of the final divorce judgment.
What is an uncontested divorce and a contested divorce in Michigan?
A contested divorce generally means that there are issues in dispute such as child custody, parenting time, child support, division of assets and marital debts, and alimony that need to be resolved. At the onset of the divorce, parties have a hard time agreeing on how to finalize these matters. Sometimes couples that do not have children end up in lengthy litigation over property division and spousal support.
An uncontested divorce is one in which the parties either have no children or no assets, and neither is requesting spousal support, or they reached an agreement on all of the issues relevant to their case. It is also common where the parties have been separated for an extended period of time.
How is child custody, parenting time and child support determined in a divorce?
If you and your spouse have children together and are still dependent, then there will be various issues that will need to be settled before a division may be granted. All divorce cases with children and child custody cases must decide the three main areas of child custody, parenting time, and child support.
These three issues are the most critical issues you will want a Michigan divorce attorney to assist you with. These agreements can be very open where the parties get along or very specific, where they need a more detailed order.
The process for division of marital assets and marital debts
The equitable division of the marital estate, which includes how debt is handled and how assets are distributed, is essential and the determination of what may be considered a non-marital asset.
Non-marital assets are those items that were yours before the marriage, and often, those assets that are inherited and not commingled. Typically, whichever spouse brought a specific non-marital asset to the marriage may retain it without claim from the other.
Is spousal support or alimony appropriate in my divorce case?
There are four different types of spousal support in Michigan:
- Temporary alimony: This type of spousal support is awarded only while the divorce case is pending.
- Permanent alimony: This type of alimony continues without an express expiration date. It continues to be paid until the death of either party or remarriage by the spouse receiving it.
- Term alimony: This type of alimony does have a set expiration date. It may expire on a specified date or when a particular event occurs.
- Rehabilitative alimony: This provides financial support to a spouse while obtaining training or education to become self-supporting.
Prenuptial Agreements and post-divorce actions
We are also here for our clients before marriage or after divorce, applying our family law experience and financial expertise to assist with:
- Prenuptial agreements that clarify property issues and guard against future disputes
- Post-divorce modifications of child custody, support, alimony, or other orders due to a substantial change in circumstances
- Enforcement of existing family law orders
Talk to expert divorce lawyers in Michigan today.
Bruce law firm has lawyers ready to assist you with your divorce questions. We offer a free initial consultation to review your case. Call Today.