Understanding Your Rights: A Guide by Experienced Divorce Lawyers

As a law firm with some of the best divorce lawyers in Grand Rapids MI, we’ve represented several clients going through a divorce. When these folks came to us, they were stressed out, particularly in anticipation of what to expect. 

A divorce in itself can be devastating. Jumping into it blind can only make the entire endeavor all the more daunting. As such, we want to use this article as an opportunity to put your minds at ease by shedding light on the process undertaken in Michigan. 

We’ll be sharing insights and advice coming straight from the minds of seasoned attorneys. 

So without much further ado, let’s dive in. 

Understanding Divorce Laws in Michigan

Divorce entails the process that dissolves a marriage. The laws regarding divorce vary from state to state. Michigan is considered a no-fault divorce state. This means you don’t have to prove wrongdoing by the other spouse to initiate a divorce proceeding. 

Simply asserting that there are “irreconcilable differences” or that the marriage is “irretrievably broken” is enough of an explanation. 

The following three conditions must be met to file a divorce in Michigan.

• Both partners must be residents of Michigan for no less than 6 months. 
• The divorce should be filed in the local county circuit where both spouses live. 
• As per Michigan Divorce Statute 552.6, one or both spouses must testify that the marriage has completely broken down and that there is no likelihood of the relationship being preserved. 

Once the divorce has been filed, the other spouse will be served a summon alongside any other document submitted with the initial filing. It is always recommended to file for a divorce under the guidance of an experienced divorce attorney. You can get in touch with the best Grand Rapids Divorce lawyers at The Law Offices of Sean Patrick Cox for more clarity on the same. 

An In-Depth Look into the Divorce Proceeding

Once you’ve filed for a divorce and the summon has been served, the other spouse will have 21 days to respond. This timeframe is extended to 28 days if the divorce has been filed out of state or through mail. 

It will now be up to the spouse to either accept or deny everything that’s filed in the complaint. If there is no response from the other spouse, the proceeding will become an uncontested divorce case, leading to a default order. 

If children are involved, then a temporary order can be issued. This order will outline details on parenting time, visitation, child support, and custody. 

A divorce proceeding typically begins after the temporary order has been issued. Once the process begins, the attorneys will start their duties by assessing what issues to content the divorce on. They may also choose to initiate a discovery process to uncover information that could give you an advantage against the other party. 

A lawyer can obtain information through a formal or informal discovery process. The lawyers will go for the process that helps them unearth as much information as possible to help with the case. 

A lawyer can opt for the Michigan domestic relations discovery process to acquire information related to work history, income, educational background, business value, etc. 

This information could come in handy when the central issue of a divorce revolves around child custody, support, or alimony. 

Once the discovery process is concluded, negotiations will begin between the attorneys of both parties. Attempts will be made to arrive at a settlement without taking the case to trial. Some of the top divorce lawyers in Grand Rapids, MI attempt to settle a divorce case through peaceful mediation as doing so would save their clients a lot of money and time. 

Finally, both parties will appear in court and plead their case before the judge. Depending on whether or not a settlement was reached, the judge will finalize the divorce. 

Contested Divorce

Not all divorce cases are settled peacefully. Sometimes negotiations and mediation attempts fall apart, leaving folks with no choice but to push to case to trial. During a trial, both parties will present their case in front of the family court judge with the help of their respective legal counsel. 

The judge will take all evidence and arguments being made into account to pass a judgment that both parties must obey. A divorce is usually contested on certain key issues. They are as follows:

1. Child Custody and Support

Child custody can either be legal or physical. Legal custody grants a parent the right to make healthcare, education, and religion-related decisions about their child. Physical custody, on the other hand, refers to where the child will live. Physical custody can either be sole or joint. 

The judge will also determine the child support amount by taking the child’s needs and parents’ income into account. There are strict laws in place to ensure child support payments are paid on time. Non-compliance with the laws could trigger severe punishment.

2. Property Division

Another thing that can make a divorce case contentious is if there are assets involved. Michigan adheres to the principle of “equitable distribution”. This means that all assets and debts during a marriage should be fairly divided. Fairly, however, does not necessarily mean equally. 

Property can be classified as marital (acquired during marriage) or separate (owned before marriage or received as inheritance or gift). Only marital property can be put up for division. The court will take factors like a marriage’s length, each spouse’s contribution, and needs into account when making its decision.

3. Spousal Support

Spousal Support is the amount rewarded to the lower-earning spouse so they can maintain a standard of living that is equal to the one they were enjoying during the marriage. Alimony can be temporary or permanent. Sometimes the support is only awarded to the spouse until they’ve become self-sufficient. 

Getting the Right Legal Representation

Considering all of the elements we’ve discussed above, it is quite obvious just how complex navigating divorce can be in the state of Michigan. It can be extremely challenging for a layman to navigate this process on their own. Having a seasoned divorce attorney by your side, whether it is during negotiations or trial, can make all the difference in the world. 

Google “best divorce attorney near me” and you’ll be serenaded with law firms and lawyers promising the best representation. However, only a few live up to the lofty promises they make. 

A good divorce attorney would be someone with exceptional knowledge of Michigan’s laws. They will have immense experience handling divorce cases similar to yours. They’ll be excellent at negotiating a fair settlement with the other party or aggressively advocating at your behest in the court. 

These are the elements that make The Law Offices of Sean Patrick Cox one of the most sought-after law firms in Michigan. We are the first name that pops up when you Google “top divorce lawyers near me”. 

Over the years, we’ve helped several clients navigate their divorce proceedings with resounding success. Perhaps we can do the same for you as well. 

Call us now. Initial consultation with our attorneys is free!