Going through a divorce can be an emotionally taxing and complex process. It not only signifies the end of a relationship, but it also involves the need to navigate intricate legal procedures, property divisions, and, potentially, child custody matters. While it is possible to handle the process independently, the lack of legal knowledge can often lead to unfavorable outcomes. Therefore, it is generally advised to procure legal guidance to ensure fair and equitable settlements.
In the state of Michigan, divorce law carries distinct features and procedures. As a ‘no-fault’ divorce state, no blame needs to be assigned to either party for the dissolution of the marriage. However, to file for divorce, residency requirements must be met: a minimum of 180 days as a state resident and at least ten days in the county where the filing occurs.
The process begins with a complaint filing, served to the spouse, who is then given 21 days to respond. If there is no response, a default judgment may be entered. Temporary orders can be filed during this period to address immediate concerns like child custody, support, and other crucial decisions.
Discovery, settlement negotiations, and even mediation may follow, each introducing its own set of complexities. If the divorce moves to court, hearings and motion preparation become necessary, potentially involving a formal settlement conference for issues like spousal support or property division.
Now, the question arises: Is it possible to navigate this process without legal representation? Technically, yes. There is no law requiring you to hire an attorney for a divorce. However, it’s important to understand the potential pitfalls.
Without legal guidance, understanding and complying with court rules and procedures can be challenging. Legal documents often contain complex language, and there’s a risk of misunderstanding the terms or unknowingly waiving rights.
Moreover, Michigan law prescribes a fair or equitable division of assets in a divorce. This doesn’t necessarily mean an equal split, and navigating this division without legal guidance can result in an unfavorable outcome. Similarly, alimony, or spousal support, is determined based on several factors. Without a lawyer’s assistance, you might end up receiving less than what you’re entitled to or paying more than necessary.
For those seeking a more collaborative approach to divorce, consider exploring the option of a collaborative divorce. It encourages negotiation and agreement on most issues, but even then, having legal representation can be beneficial.
While it’s technically possible to get divorced without a lawyer, the complexities and potential pitfalls of the process make legal representation highly advisable. At Robbins & Licavoli, PLLC, we are committed to providing reliable guidance through every step of the process.
If you’re considering a divorce, we encourage you to do your research, understand your rights, and weigh the pros and cons of self-representation versus hiring a legal professional. The goal is not just to get divorced but to achieve an outcome that respects your rights and serves your best interests. Contact us today for legal guidance you can trust.