Our lawyers have a proven track record of successfully protecting our client’s rights in divorce. We can help you with all aspects of a contested or uncontested divorce. While we do everything we can to avoid the trauma of a trial, sometimes one is necessary to protect your rights. There are no “do-overs” in a divorce and we refuse to let our clients get pushed around.
Divorce in Michigan
Michigan is a no-fault divorce state. This means you do not have to prove fault in order to get a divorce. However, you will need to indicate that there is a breakdown in the marriage and there is no chance of reconciliation. Divorces can take anywhere from 90 days to a year depending on how much the parties agree or disagree and whether or not there are children. While most cases settle, those that don’t go to a trial. Before making any decisions about your divorce, you need to speak with a divorce lawyer. We are familiar with the law, the local judges and local court rules and can help you best understand your situation. While we prepare every case as if it is going to go to trial, we strive to avoid unnecessary conflict and settle your case.
Property Division and Divorce
All property and debts acquired by either party during a marriage is subject to division between the parties in a divorce. For example, this includes pensions, retirement plans, savings, personal property and real estate. The Court also determines if there is any property which is separate property and not part of the marital estate. While dividing property, the Court also divides marital debt.
Alimony and Spousal Support
The basic determination for spousal support in a divorce is the need of one spouse versus the ability of the other to pay. For instance, the Court takes into consideration such things as the length of the marriage; age and health of the parties; fault; education level; and work history. Common sense will tell you that the longer the marriage is and the greater the difference in income, the more likely alimony will be awarded. Unless the support is non-modifiable, a change of circumstances is necessary to change it. There isn’t a formula in Michigan for spousal support like there is for child support. However, there is software which can give a recommendation which can be used as a starting point for negotiations.
Prenuptial and Postnuptial Agreements
In order to protect your personal assets and property in a divorce, our lawyers help you create an effective prenuptial or postnuptial agreement. A good agreement will need full disclosure of all assets and liabilities and an attorney for each person. One law office cannot represent both the bride and groom. If each person understands the agreement, it will be enforced by the Court so long as it was fair at the time it was created and fair at the time it is enforced. The longer a couple is married, the more likely the facts and circumstances may change.
Please call today at 313-291-0240 and set an appointment for a review of your divorce or family law matter. We will explain your options and give you enough information for you to make an informed decision.