You can mutually decide how to split the physical and legal custody of your children. Custody is divided into two parts: physical and legal. In an uncontested divorce in Michigan, your spouse agrees that it is the right time to end the marriage.
One of the most ificant issues within a divorce is the property division. If you and your spouse have minor children, then you need to address child custody and child support during the divorce. Depending on the circumstances, the judge may find it fair to give you or your spouse a greater percentage of assets, or to hold one of you responsible for a greater portion of the debt.
If you are considering filing for divorce, or your spouse has served you with divorce papers, you should work with a Lansing, MI divorce attorney as soon as possible. Once all of the various issues are worked out, whether outside of court, through mediation, or at a divorce hearing, the last step is for the judge to finalize the divorce and hand down an order legally terminating your marriage.
Most spousal support or alimony calculators are inaccurate. Before you file for divorce, you should talk with a Lansing, MI divorce attorney about the divorce process in Michigan. However, it is not for everyone. After you file the divorce complaint, you must properly serve your spouse with the paperwork.
How long is this going to take?
Instead, there is a presumption that should have a strong relationship with both parents. If you have trouble agreeing on one or more topics, you may go through mediation. You are more likely to achieve a fair outcome to these proceedings when you work with an experienced and skilled attorney like Tiffany DeBruin. When it comes time to formally end your marriage, we recommend calling a Lansing, MI divorce attorney to learn more about your rights and the divorce process. You and your spouse can agree to some type of spousal maintenance, or a judge may order it if it appears to provide a more equitable resolution for one spouse.
You have the right to decide how to divide your property yourselves or through mediation. Based on MCL Section The judge, if they are making the final decision, will decide what is a fair distribution of the shared property. A contested divorce does not mean the other party will argue that you should remain married.
We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.
Circumstances in a marriage change over time, and sometimes moving on separately is the best for both you and your children. This is also where an experienced divorce attorney can help you. If you improperly file for divorce in the wrong place, or simply too early, your petition will be dismissed.
When preparing to file for divorce in Michigan, you should know there are essentially two different circumstances you face: an uncontested divorce and a contested divorce. A contested divorce in Michigan can last much longer than the required waiting period, because you and your spouse do not agree on how to resolve various issues.
However, many parents have a hard time deciding on the best schedule for their sons and daughters. Also, you or your spouse must have lived in the county where you file at least 10 days before the filing date, though there are exceptions to this day rule.
Contact a divorce attorney
To learn more about how your assets and debts will be categorized and divided in a Michigan divorce, call our Lansing divorce lawyers. You and your spouse do not have to leave this decision to the judge. To start, you and your spouse must distinguish between your personal property and your shared, or marital property.
The parent with the most overnight visits usually receives child support. These disagreements may require several mediation sessions or asking the judge to decide after a trial. If you have minor children, you and your spouse must wait six months before a judge can finalize the divorce.
You and your spouse have the right to decide these issues yourselves. If you and your spouse have no minor children, then Michigan only requires a day waiting period before a judge can grant a divorce. This formula looks at each of your incomes, how many overnights you each have with your child per year, child care expenses, and health care expenses. Another potentially contentious issue is whether or not you or your spouse can obtain financial spousal support.
Types of divorce in michigan
When you cannot quickly resolve the question of custody, you may choose to go through mediation, or leave the decision up to the judge. The complaint is a document that states you are married, whether or not you have children, that the marriage has broken down, that you are requesting the court to terminate the marriage, and what you are asking for.
Lansing Divorce Attorney.
If a judge awards you or your spouse alimony, it may be in a lump sum or periodic payments. It can keep you from spending a great deal of time in a courtroom. The award may be permanent, at least until the recipient passes away, remarries, or enters into retirement.
Or, the support may be for a limited period of time, such as a certain of months or years. There are several factors in MCL Once a custody arrangement is agreed upon or determined by the court, then the judge will use the Michigan Child Support Formula to determine which parent should receive child support, if any, and how much.
How much does a divorce cost in michigan?
There is no formula for whether or not a spouse can obtain alimony, and if so, for how much or how long. Instead, it means there are ificant differences of opinion regarding property division, alimony, child custody and support, and other issues. They also agree on how to handle the various issues within a divorce, including the division of property, spousal support, child custody, and child support. While it is possible to go through an uncontested divorce without legal representation, it is not recommended.
Mediation is an out-of-court process through which you and your spouse negotiate issues with a third-party mediator present. Once shared assets and debts are identified, they must be divided between you and your soon-to-be ex. Legal custody can be similarly shared, or one parent may obtain sole legal custody.
There is no presumption that one parent should have sole custody.
Talk with a Lansing, MI divorce attorney about whether divorce mediation may be right for you. If there are assets or debts you disagree on, then the court can make the final determination of whether something is individually owned or considered marital property. In Michigan, you do not need to argue that your spouse is somehow at fault for the end of the marriage. Marital property often includes homes, vehicles, cash in checking and savings s, retirement savings, pension plans, life insurance plans, other investments, and credit card debt.
To be able to file for divorce in Michigan, you or your spouse must have resided within the state for at least days before the filing date. If you are unsure of where you can and should file for divorce, talk with an experienced attorney first.
You do not have to prove abuse, incapacity, adultery, or any other type of misconduct.
After you file for divorce and serve your spouse, the next step is to address the various issues related to the divorce, including what constitutes individual and marital property, how to divide that property, whether alimony is appropriate, and child custody and support. Your Lansing divorce attorney will draft the complaint to ensure it contains all of the necessary information and abides by court rules.
Typically, service requires more than simply mailing them the documents. You may have t physical custody, or one parent may receive sole custody. By filing for a no-fault divorce, you claim that the there has been an irreparable breakdown of the marriage to the extent that the purpose of marriage has been destroyed, and there is no likelihood that it could be preserved.