Navigating Divorce: Tips and Insights from Experienced Family Lawyers

As a home to seasoned family lawyers in Grand Rapids, MI, we’ve represented our fair share of divorce cases. So, trust us when we tell you that the entire proceeding can take a toll on one’s financial and mental well-being. Navigating Michigan’s complicated divorce laws isn’t easy. You’ll need an experienced and reliable divorce attorney by your side for a smooth, hassle-free experience. 

These lawyers understand laws and procedures that are specific to the state of Michigan. As such, you can count on them to guide you through the process from beginning to end.

If you are someone anticipating a divorce, then it might be in your best interest to get familiar with divorce laws as they relate to the state of Michigan.

This article will serve as a comprehensive guide that’ll make you privy to some invaluable insight and arm you with crucial tips on navigating divorce in Michigan.

So, without much further ado, let’s get started.

An Overview of Michigan’s Divorce Laws

To initiate a divorce proceeding, you or your spouse must have resided in the state of Michigan for at least 6 months before filing. Moreover, you or your spouse must also have resided in the county in which you wish to file the divorce for at least 10 days before the date of filing. You are also not obligated to live separately from your spouse to file for a divorce.

Grounds for Divorce in Michigan

Michigan is a no-fault divorce state. This essentially means that no spouse has to prove fault or wrongdoing by the other to end the marriage. All either party needs to do is state that the marital relationship has broken down and there is no hope for reconciliation.

While Michigan is a “no-fault” state, the judge can still assess fault and evaluate a spouse’s behavior to pass judgment on property division, child custody, and alimony.

Michigan also permits fault-based divorces attributed to situations that involve cruelty, abandonment, imprisonment, and adultery.

Property Division

When it comes to property division, Michigan is a state in America that adheres to the principle of equitable distribution. If there are any debts or assets in a marriage, they are to be divided fairly among both parties if the marriage dissolves. Fairly here does not necessarily mean equally. The property to be divided will be classified into separate and marital property.

Marital property will entail assets procured during the marriage whereas separate property includes assets procured before a marriage or as a gift during the marriage.

A judge will consider certain factors before deciding on property division. Those factors are as follows:

• Length of the marriage
• Both spouse’s earning potential
•  Age and health of each spouse, etc.

Child Custody and Support

In Michigan, a judge will always take the best interest of the child when making decisions about child custody. A court would encourage parents to talk things out and try to come up with a plan that works well for both. If the parents are unable to reach an agreement, it will be up to the court to finally decide the rules surrounding custody and visitation rights.

To make this decision, the court will take the following factors in mind:

• Relationship the child shares with each parent
• Child’s preference
• Ability of the parent to provide
• The child’s needs
•  Any history of physical and mental abuse.

Michigan follows a specifically designed formula to determine the amount of child support. This formula takes factors such as the income of the parent, the number of children, and the overall cost of child healthcare. Child support usually involves payment that will cover basic needs like clothing, education, food, and housing.

Spousal Support

In Michigan, alimony is awarded to a spouse who earns less or nothing at all compared to the other spouse. The primary purpose of spousal support is to ensure that the lower-earning spouse can enjoy a good standard of living.

A court will consider the following factors to decide spousal support payment:

• Length of the marriage
• Health of each spouse
• Each spouse’s ability to earn
• Each party’s health
• Age of each party
• The ability to pay support

A divorce can become considerably more strenuous if it involves spousal support, child custody, or property division. It is advisable to have good Grand Rapids family lawyers by your side to ensure the process is smooth and you have a desirable outcome at the end of the day.

The Actual Filing Process

To kick start a divorce process in Michigan, one spouse will have to file a complaint in the circuit court of the county where either spouse resides. The complaint must mention the grounds for divorce alongside other crucial information related to asset division, spousal support, child custody, etc.

After a complaint is filed, a copy of the complaint must be delivered to the other spouse. The other spouse should be given enough time to respond. Both parties will have the option to settle matters through mediation. After mediation, the written settlement agreement must be sent to the court for approval.

If the issues remain unsettled, the natural path now would be a court battle. Both parties will be allowed to present their arguments. Remember, it is in your best interest to have seasoned family lawyers Grand Rapids MI representing you.

Once the court has heard both arguments from both sides, it will give a judgment that will result in the marriage official dissolving.

Tips to Select the Best Family Lawyers in Grand Rapids, MI

As we mentioned before, navigating divorce laws in Michigan is as easy as a walk in the park with a good attorney by your side. There is no shortage of lawyers in Michigan. So, you might have a tough time finding one that best suits your requirements. To make your quest for a lawyer easy, we suggest you adhere to the following tips:

• Google for top family lawyers in your vicinity
• Ask for recommendations for close friends and family members
• Refer to online reviews and past client testimonials
• Vet a lawyer by assessing their track record
• Make sure the lawyer has experience dealing with cases similar to yours
• Have a face-to-face consultation
• Assess how the lawyer communicates with you.
• Discuss the price beforehand. Make sure the lawyer is transparent with you when it comes to fees.

Conclusion

Divorce can be tough. However, that does not mean the entire proceeding should be tough as well. You can prepare yourself for a divorce by referring to the insight we’ve shared above. Moreover, you can expect a hassle-free experience throughout the case with a good family lawyer by your side. In Michigan, good attorneys are a dime a dozen.

By referring to the tips we’ve shared above, you’ll have no issue finding a lawyer who understands you and works tirelessly in your best interest. You can also cut straight to the chase and simply give the The Law Offices of Sean Patrick Cox a call right away.

For decades, The Law Offices of Sean Patrick Cox has been hailed as the most trusted law firm in the state of Michigan. Over the years, our family lawyers have helped many navigate their divorce cases. Perhaps we can do the same for you.

Call now to schedule a free meeting.