Do you wish to file for divorce, or have you been served divorce papers by your spouse? You may now be facing one of the most important legal matters of your life. The outcome of your divorce may affect you and your children for many years to come, and as such it is important that you consider retaining the services of an attorney to help you through this difficult time. An attorney can help you in resolving crucial issues such as child custody and support, property division, visitation and spousal support.
Filing for Divorce in the Metro Detroit Area
To file for divorce in Michigan, it is not needed to establish the “fault” of one spouse, such as adultery, abandonment or abuse. All that is required is that one spouse file a lawsuit that indicates the relationship has ended and there is no hope for reconciliation. Only one spouse will need to testify to this fact and the divorce may be granted even when only one party wishes to end the marriage.
To be eligible to file for divorce, you must have resided in Michigan for at least 180 days. Even if your spouse lives in another state, you may serve him or her divorce papers from Michigan. The only difference will be that your spouse will have one week longer to respond. If the married couple has minor children, the divorce cannot be finalized until a 6-month waiting period has passed, although it may be possible to have this waived in rare circumstances. If the married couple does not have any children, the divorce will be finalized after a 60-day waiting period. This waiting period may not be waived or shortened for any reason.
Family Law Help in Macomb County, Oakland County and Wayne County
If you are currently dealing with the possibility of a divorce or have already been served divorce papers by your spouse, you may feel unsure as to whether you need an attorney in the first place, what you should do, and how you can approach this situation in order to protect you, your children and your financial security.
We provide legal counsel to clients from all walks of life and handle matters involving every aspect of family law, including:
- Divorce: Uncontested and Contested divorces. In an uncontested divorce, the parties agree on matters such as the division of marital assets, spousal support, and the custody and support of their children. The agreement is reached out of court, usually through mediation, which can save time, money, and stress.
- Change of Domicile: If a party wishes to move a minor child subject to a prior court judgment out of the state of Michigan because of employment, transfer, or other reasons, court approval must be obtained. The rights of the other parent are taken very seriously in these situations. It is very important to have experienced legal counsel handling your request for a change of domicile.
- Asset division: If the parties cannot decide how to divide their marital property, a court will do it for them through “equitable distribution.” This can be an especially complex process when the marital estate includes real estate, stocks, pension plans, and business assets.
- Child custody: When a marriage dissolves, generally one party will receive physical custody of any children, while the other will have visitation rights, or “parenting time.” The parties often share decision-making on education and medical care. We provide experienced representation in negotiating these delicate issues.
- Child support: Parents, whether married or unmarried, are responsible for providing financial, medical, and educational support for their children. The amount of child support varies and can always be modified based on a change in circumstances. Child support continues until the child turns 18 and is no longer in school.
- Domestic violence: Domestic violence can shatter families and relationships. It can also lead to criminal punishment and have an impact on spousal support, child custody, and child support. In some cases, a victim may be able to seek security by filing for a personal protective order.
- Spousal support: Often called “alimony,” spousal support is available to either a husband or wife in separation and divorce. Spousal support can be awarded on a temporary or permanent basis through a lump sum or a periodic payment plan.
- Prenuptial and postnuptial agreements: A prenuptial agreement is a contract made between the parties before they marry, while a postnuptial agreement is reached after the marriage. These agreements can include provisions for spousal support and asset division. Michigan law does recognize validly drafted agreements.
No matter which family law issue you face, our goal is to work tirelessly to resolve your case as successfully, efficiently, and discretely as possible.
In our practice, we emphasize mediation and other forms of alternative dispute resolution. We believe those methods offer privacy and reduce the emotional toll on families while saving time and money. However, not every family law dispute can be resolved through mediation. That’s why we will always be prepared to go to court to protect our client’s rights and interests.
Facing Divorce or a Child Custody Matter in Metro Detroit?
When facing divorce, a child custody dispute, or any legal matter involving your family or your marriage, your choice of family law attorney may have a significant impact on the outcome of this situation and therefore your family’s future. That is why our Law Firm is fully committed to protecting clients’ rights and representing their interests to the fullest extent of the law. When you involve an attorney from the firm, he will take the time to talk to you about what you are experiencing and your goals for the future in order to effectively address your concerns and work toward the best possible resolution for you and your family.
Working with a Divorce Lawyer
Whether you are on amicable terms with your spouse and are considering divorce mediation or another form of uncontested divorce, or if you will need to go to family court to resolve your case, a lawyer can offer you the level of counsel you need. The firm helps families throughout all of the Metro Detroit area, Wayne County, Macomb County, and Oakland County and is standing by to see how to best assist you in this important matter.
Metro Detroit High Asset Divorce Attorney
Dealing with any divorce may be difficult, but high net worth cases may be even more complex. Significant amounts of money and property may be involved, and issues such as property division and spousal support may therefore require more time and effort to come to a reasonable agreement through mediation or a just verdict in court. As such, working with an attorney experienced in high net worth divorce cases in your area may be particularly important to the outcome of your case.
A Macomb County divorce attorney can offer you the legal counsel you deserve. The firm represents clients in high asset divorce cases throughout the Metro Detroit area, whether these are uncontested or contested. By focusing on personal attention and client service combined with aggressive legal representation inside and outside of the courtroom, the firm can work to protect your assets and financial security in your high net worth divorce in Macomb County, Wayne County or Oakland County, Michigan.
Attempting to place a price tag on our assets may be difficult, particularly in a high-net-worth case. You may have to deal with multiple properties, a business, retirement plans, antiques, jewelry, vehicles and other personal property, and much more. Utilizing the services of economists and professionals in accounting and other fields, even professional appraisers, may be necessary to properly evaluate what property is worth and therefore enable equitable distribution to occur. With a lawyer to guide you through this process and provide you with the representation you need, you have the opportunity to resolve your high asset divorce in your best interests.
About Uncontested Divorce in Macomb County, Wayne County and Oakland County
Although divorce is often associated with drawn out courtroom battles and exorbitant attorney fees, this simply does not have to be the case for you. When spouses wishing to divorce agree upon most issues involved or are at least on relatively amicable terms, it may be possible to resolve all issues involved by way of an uncontested divorce. In this way, a divorce may be achieved without either party having to go to court and even in some cases without having to appear in the same room. A skilled Macomb County uncontested divorce lawyer can represent a client’s interests through this process and set a professional tone for coming to workable agreements regarding child support, child custody, spousal support, property division, and visitation.
Although the issues involved in a divorce may be complex due to their legal nature and tendency to be emotional for all parties involved, an uncontested divorce may successfully address these issues without having to go to court, where a judge who knows nothing of the family will make rulings regarding all of these important matters. Agreements reached in uncontested divorces may offer both spouses more leeway in making decisions that work for their and their children’s unique needs.
Frequently Asked Questions
What types of issues will need to be addressed in a divorce?
In any divorce, both spouses will need to come to an agreement regarding numerous factors: child custody, child support, the division of property and assets, visitation, and spousal support/alimony.
How long will it take to get divorced?
In Michigan, a divorce may be granted in 60 days if there are no children involved. If you have children, however, your divorce will not be granted until 6 months have passed. These time frames may be longer depending on the particular case, any issues that are contested, and the court docket.
Do I need an attorney?
When considering the many issues that will need to be agreed upon and matters that may need resolving in a divorce in Macomb, Wayne or Oakland County, it is beneficial to involve a legal professional who can protect your interests. Whether your divorce is contested or uncontested, having a divorce attorney to assist you may make a big difference in the outcome of your case.
Do I have to have “grounds” to file for divorce?
Michigan is a no-fault state when it comes to divorce. This means that a marriage may be ended even without allegations of adultery, abuse or other behavior that would place one party at fault.
Will my case go to trial?
Most divorces settle outside of court. Whether or not your case will go to family court to be resolved by a judge will depend upon the particular circumstances of your case and whether you and your spouse can agree upon custody, alimony, and more.
Can’t I represent myself for my family law case?
Whether a divorce, child custody issue or in establishing paternity, you have the right to represent yourself in family court. However, this is not recommended due to the often-technical nature of these cases and the fact that your spouse or the other party involved may have an attorney to represent their interests, which may put you at a distinct disadvantage.