If you’re considering filing for divorce in Michigan, it’s important to have the right team of divorce lawyers on your side. Divorce can be an emotional and difficult process, so having a knowledgeable and experienced attorney is essential to ensure you get a favorable outcome.
When looking for a divorce attorney, there are several factors to consider. First, it’s important to make sure they understand the laws of the state of Michigan and how they pertain to your particular case. Additionally, you should check their credentials and experience handling cases similar to yours. Once you find an attorney who meets all of your criteria, it's important that you feel comfortable with them.
At Clarity Family Law we provide uncompromising representation and we are available to assist you throughout the divorce process. Our Dearborn family law attorneys will ensure that your legal rights are protected and your desired outcomes are achieved. Contact us today at (313) 513-1919 for a free consultation.
When Can I File for Divorce in Michigan?
It’s important to understand state law when filing for divorce in Michigan. In this state, you do not have to provide proof that your spouse is at fault for the breakdown of the marriage — rather, you must show that the relationship is irrevocably broken.
In addition, there is a residency requirement for getting a divorce in Michigan; generally speaking, at least one spouse must have lived in the state for 180 days prior to filing their petition.
Going through a divorce can be a difficult and complex process in Michigan, particularly if you have child custody issues or need to deal with property division. That’s why it’s important to seek help from those with the necessary legal experience to guide you through the process.
At Clarity Family Law in Dearborn, Michigan, we can offer assistance with each aspect of your divorce — from the initial filing to preparing for court appearances before a trial court judge to negotiating a fairer settlement on your behalf. Our experienced team will work alongside you within these parameters to ensure an equitable outcome.
How Does the Divorce Process Work in Dearborn?
The divorce process in Michigan begins when one spouse files for divorce with the Wayne County Circuit Court where one or both of the spouses live. In order to begin the process, at least one of them usually needs to have lived in Michigan for no less than six months and within Wayne County for a minimum of ten days.
The next step is letting the other party know that you have filed for divorce. This is usually done by means of certified mail with a return receipt or through a sheriff's deputy in person. Once it takes place, it gives the receiving spouse 21 days to file an answer or response; if none is filed, then the court can move ahead and grant a default judgment of divorce. This can allow those involved to easily finalize their divorce since all necessary decisions are made without any input from either party that failed to respond.
How Much Will a Divorce Cost Me in Dearborn?
If you're contemplating filing for divorce in Michigan, the cost can vary depending on your situation. When couples have minor children, the filing fee is $255; however, if there are no minor children involved, the filing fee drops to $175. How much a divorce lawyer will cost varies depending on the complexity of the case and the outcome of negotiations.
How Long Does A Divorce Take?
When it comes to the length of time that a divorce can take, it depends greatly on whether or not you have minor children. If you have children, then the process can take significantly longer than without. Another major factor in how long it will take is if you get an uncontested or contested divorce.
Generally, in this instance, there is a six-month waiting period between when the complaint is filed and when a judgment of divorce may be rendered. This waiting period is designed to give both parties ample time to negotiate issues related to custody arrangements and child support payments.
For those couples who are going through the divorce process without any minor children involved, the wait tends not to be as long. In this situation, a sixty-day wait period after filing for divorce is usually all that is required before a judgment may be rendered.
The paperwork involved in these cases typically consists of agreements regarding the division of assets. Once everything has been settled and each party signing their copy of the agreement, it should only take an average of two months before the judgment can be finalized.
Contested Divorce
In a contested divorce, the parties dispute certain aspects of the marriage dissolution. This usually involves alimony payments, child custody rights over children, division of marital assets, parenting time, property division, child support disputes, and other legal issues.
If an agreement cannot be reached, then court action is necessary to settle those issues. A contested divorce can be a more painful divorce process because it is more expensive and emotionally draining than an uncontested divorce.
Uncontested Divorce
An uncontested divorce occurs when both parties agree on all terms of their separation such as division of property, child custody issues, parenting time arrangements, postnuptial agreements, child support payments, and visitation schedules without going to court. This type of divorce may be cheaper and quicker, but there are still many legal matters that go into them. The case still may need to go before a family court judge and you may need the help of an uncontested divorce attorney.
Common Issues Involved in a Divorce
Divorce is an emotional and complex legal process that involves more than just the two parties separating. There are numerous issues associated with the termination of a marriage that must be resolved in order to successfully complete a divorce settlement. These issues include child custody arrangements, child support payments, visitation arrangements, personal property division, alimony payments, and more.
The settlement of these matters must be agreed upon and accepted by both parties before they can finalize their divorce. Unfortunately, due to the complexity of this process, it is not uncommon for couples to find themselves in disagreement over certain elements of their divorce agreement. This can create lengthy delays in an already stressful situation.
To ensure that your divorce goes as smoothly as possible it is always advisable to work with qualified divorce lawyers who have experience dealing with these matters and who understand the intricacies involved in ending a marriage in Michigan. With counsel from experienced attorneys who can help streamline negotiations and encourage dispute resolution techniques such as mediation, going through a divorce does not need to become overly complicated or arduous.
How Marital Property is Split During a Divorce in Michigan
When it comes to dividing marital property in Michigan, the state operates on a principle of equitable distribution. This means that assets in divorce situations must be divided in a fair and reasonable way so that each spouse receives their just share.
The court will look at factors such as how long you were married, your respective contributions both financially and non-financially, the concealment of funds or assets by one party, and any economic disparity between the spouses.
When making its decisions about who gets what in divorce proceedings, the court doesn't necessarily separate property and assets in half – it depends on the individual circumstances of your separation. Generally speaking, someone who has less money entering into an agreement will get more out of the settlement than a wealthier party does.
Other non-monetary measures may also be taken into consideration when distributing property—for example, if one parent cares for young children full-time, they may be granted custody of the family home rather than having to sell it all together or split proceeds with their former partner.
Will You Have to Go to Court During a Divorce?
There are three "alternative to trial" methods that you can choose to resolve divorce if you want to stay out of trial proceedings. These methods can significantly save time and money, and reduce stress for all parties involved.
Arbitration in Michigan involves the use of a neutral third-party arbitrator who acts as a judge and makes rulings on the issues at hand. The arbitrator's decision is final and can only be reviewed by the court to a limited extent. Divorce, maintenance, annulments, child support, child custody, parenting time, and post-judgment proceedings are eligible for arbitration.
However, cases involving child abuse or neglect, as well as those with allegations of domestic violence, cannot be submitted for an arbitration process. The court can review an arbitration award pertaining to child support, parenting time, or the amount of child support, applying the standard of "best interests of the child."
Another way to avoid legal proceedings is through Alternative Dispute Resolution. This process resolves disputes outside of a formal courtroom setting for divorces. In Wayne County, this method can be used to resolve various disputes like spousal support and financial obligations, access to child support, property division, parenting time, custody, and other related issues. Mediation can be started by the Wayne County family court, by mutual agreement, or through a written motion from one party.
In collaborative law, both parties hire their own family attorney to resolve the case. The goal is to reach an agreement without going to court. The attorneys are hired solely for this purpose and will not represent the client in court. The discovery process is informal, with both parties expected to act in good faith. If an agreement cannot be reached or if one party decides to pursue legal action, new legal representation will be needed.
Why You Need to Consult With an Attorney
When facing a divorce, it is essential to consult with an experienced attorney. This is because divorce proceedings involve numerous complex legal matters, such as the division of property and assets, child custody and child support disputes, alimony payments, and other important issues. Without the guidance of an attorney, you may not understand how these issues affect your rights and responsibilities.
An experienced Michigan divorce attorney can help you in all aspects of divorce, no matter if you want to settle out of court or in court. In a situation like a divorce, it's important to have the right support. Consulting with an experienced family law attorney can be a huge help in reducing the amount of fear and anxiety you may be feeling.
They can let you know what makes sense for you and your children while helping ensure that your legal rights and parental rights are adhered to throughout the process. Trustworthiness and credibility are essential when selecting a legal team who will represent you during your divorce proceedings and future negotiations.
Contact Our Experienced Dearborn Divorce Attorney Today!
If you are considering a divorce in the Dearborn area, or if you need assistance with any other family law matter, then it’s time to contact our experienced Clarity Family Law today for a legal consultation. At our law firm, we will help you in all aspects of your divorce, whether it's contested or uncontested. Our experienced attorneys are equipped to handle child custody disputes, prenuptial agreements, annulment proceedings, parenting time disputes, alimony requests, and more.
We know that divorce is a complicated process and are aware of the common issues that arise in divorce matters. Our lawyers always strive to put our clients first and give them the special attention they deserve. Our team has experience with family law and is available to offer legal counsel, assist you in understanding the grounds for divorce in Dearborn.
Our lawyers will make sure you have all the legal documents needed to prepare your case. Furthermore, if your case involves children, we will help you meet all your legal obligations and fight for your custodial rights in child custody proceedings. Contact our law office today for a free, confidential consultation and you will be guaranteed top-notch service provided by a skilled family law lawyer.