General Information on Michigan Divorce Law
Because Michigan is a "No-Fault Divorce" State, you or your
spouse can get a divorce simply by telling the Court that there has
been a breakdown in the marriage relationship and it is unlikely the
two of you can get back together. So, an attorney cannot stop the
divorce from happening. However, the assistance of a good attorney
is invaluable in resolving the real issues in a divorce case: child
custody, visitation or parenting time, child support, property
division, and alimony.
The divorce starts with the Summons and Complaint. If you start the
divorce, you will be filing those documents. If your spouse started
the case, you will be served with those documents. In cases
involving children, a temporary order regarding child custody and
support is usually served with the summons and complaint. If that
order is unfair, objections need to be filed quickly. Late or
improper reply to these documents can result in the loss of
substantial rights. If there is no such order and there should be,
then we need to act quickly to get support coming in.
In many cases, prompt actions must be taken early in the divorce
proceeding. Temporary custody must be decided when disputed.
Visitation rights may need to be protected. The right child support
amount must be set on a temporary basis. Injunctions may be
necessary to protect against the loss of property or an abusive
spouse. Temporary alimony may or may not be appropriate.
Once any problems with temporary orders are addressed, good
representation during a divorce case is aimed at fairly resolving
all differences, if possible. Shared custody or ample visitation may
resolve a custody dispute, for example. All assets and liabilities
should be identified and settlement options explored. If an
agreement acceptable to both is reached, it must be reduced to
writing in a way which protects your interests. If settlement does
not occur, good trial preparation is the key to success. The
collection of all information necessary to achieve an acceptable
settlement is also necessary to good representation at trial.
The divorce is finalized through the Divorce Judgment. Other
documents, such as deeds or Qualified Domestic Relations Orders
regarding pensions or retirement plans may also be necessary. A
misstep at this juncture can affect your rights later. A Judgment
must be drafted properly to protect all that has been achieved.
Additional legal action may need to be taken even after the divorce
is finalized. Often, certain legal documents need to be prepared
after Judgment to comply with the provisions of the Judgment. And,
since child custody, support, visitation and certain types of
alimony can be changed, subsequent legal action may be necessary.
Call NOW toll free at 1-86-66-COUNSEL.