The Divorce Guy, Michigan Divorce Attorneys and Specialists. Parenting plans can be difficult to make, but they don't have to be. Michigan Divorce Basics. Consider talking to a lawyer if: - You own real estate; - You have a pension or retirement account; - You have children born while you were married, but one spouse is not the parent; - You need spousal support (alimony); - Your spouse has been emotionally, verbally or physically abusive; - You and your spouse disagree on one or more major issues in your divorce, such as property/debt division, or spousal support. The home, school, and community record of the child. We can help with every aspect of the process, from child support and custody, to asset division and alimony. As a basic point of understanding, if you're the one filling the forms, you are known as the plaintiff. After there is a default, an agreement, or a trial, you will need to prepare a Judgment of Divorce for the judge to sign. At Iafrate & Salassa, P. C., our Michigan divorce lawyers are skilled, experienced advocates for our clients. You will need to sign the Complaint for Divorce. You can prepare the forms you need with the Do-It-Yourself Divorce tool.
Extensive library of free tools and resources. However, you can file without paying the fee if you cannot afford it. Equitable Distribution and Asset Division. Your spouse will be referred to as the defendant. After you file for divorce, you must serve your spouse with a copy of the Summons and Complaint as well as any other documents that you filed with the court. Whether you live in Royal Oak, Troy, Novi or Birmingham, who your lawyer is, will make a world of difference to your future! When it comes to alimony, many states have actual computations to calculate the alimony one spouse may be ordered to pay another. No-fault means you don't have to prove cheating, abandonment, cruelty, or anything else to get a divorce. Because Michigan is a no-fault state, domestic violence is not cited as a reason for divorce, but it can still have a big impact on aspects of the divorce. All states have residency requirements that generally represent the period during which a person who initiates a divorce has to live in the state before taking any marriage dissolution action to court.
Theoretically, it should not matter who files for divorce in Michigan first since the state laws (MI Compiled Laws) ensure equal rights for both the filing spouse (petitioner) and non-filing spouse (respondent). Michigan courts will consider several things, including: - Was there any marital misconduct. It is not uncommon for some high asset or hotly contested divorces to take as much as one to two years or more. After filing the forms in the clerk's office, you must have your spouse served with the papers. Indeed, this may be the most efficient, amicable way to navigate the divorce process.
The roles are switched if your spouse is the one who completes and files the forms. The attorneys will meet with the judge separately to discuss the issues and seek to obtain an informal decision from the judge. In Michigan a court cannot grant a divorce unless, immediately prior to filing the complaint for divorce, either the plaintiff (the person filing the complaint for divorce) or the defendant (the person responding to the complaint for divorce) has been a resident of the state of Michigan for at least 180 days. Here are a few of our favorite resources: In some cases, a judge will order a lump sum payment. You should consider the amount of experience each divorce attorney has, their hourly fee, and how well you get along with them. To be considered non-marital property, a spouse must present clear and compelling evidence that the property is separate. Your standard of living during the marriage. Earning powers of each spouse. The orders are called Ex Parte, which means literally, "on one side only". In a divorce, there are marital assets and separate property. Michigan is one of the handful of states that does not allow bifurcation. To file for a divorce in Michigan, one spouse needs to have been a resident of the state for at least 180 days immediately prior to filing.
Under Michigan divorce law, if a party intentionally fails to disclose an asset, the Judge can award that entire asset to the opposing party, even if the asset is discovered after the Judgment has been entered and the divorce is final. Separate property remains separate unless it is commingled during a marriage by depositing it into your joint bank account. The exception to this is if the gift was clearly given to both spouses as a couple, then it would be considered marital property. However, when that spouse is in the military, they have certain protections afforded to them by the Servicemembers Civil Relief Act. Arbitration is different from mediation because the arbitrator's decisions are binding in the same way that a judge's decisions are binding. Marital Property and Division of Assets in Michigan. The filing party has to pay the filing fee between (which is between $175-$255 in Michigan, depending on whether or not you have minor children) So it benefits you to not file first if you don't want to be the one to pay the fee. First and foremost, you or your spouse need to be a resident of Michigan for at least the six months prior to your filing, and at least ten days in the county where you will file. You will need to file a Waiver/Suspension of Fees and Costs form with the court to make this request.
This obligation of serving your spouse may take additional time and money, which is not a very attractive perspective. Any domestic violence, regardless of whether the violence was directed against or witnessed by the child. There are several factors that are considered when making an equitable distribution. If you are a woman and you changed your last name when you were married, you have the choice of keeping your married name or changing it in your divorce. Gaining the Financial Upper Hand. The same is true in Macomb County and in Livingston County. When you file your paperwork, it must also be served on your spouse. The judge may assign a motion to be heard by a referee, an attorney who works for the court and has authority to hear limited types of matters relating to a pending divorce. Normal Michigan child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid, but federal law dictates that child and spousal support awards may not exceed 60% of a servicemember's pay and allowances. Current earnings and earning capacities of each spouse.
When you get a divorce, the judge will end your marriage. In order to give your spouse legal notice of your divorce, you must deliver copies of the complaint and summons to them. Each party's willingness and ability to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent. To get a QDRO online, try using QDRO Counsel! This is of greatest concern if there are minor children involved, as the court that grants your divorce will continue to exercise jurisdiction over the children and will have exclusive power to determine parenting time, support, custody, and other important aspects of the children's care for years to come after the divorce is granted. A decision must also be made about how the children will be financially supported. Custody in Michigan is determined by the best interests of the child and there are several factors that go into deciding this. This begins to run on the date the summons is issued by the court, regardless of the date the complaint is actually served on the defendant. Some of these include: - The source of the property. A Michigan court can grant you a divorce if you have a valid common law marriage. Or the judge can allow you to take a different last name. If a couple has minor children, and in many cases without minor children, there will be a Temporary Order that determines the arrangement with the children and the finances while the case is pending. You might pay more court fees. An attorney can help you with the uncontested divorce process.
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