If you have exhausted all options to try to save your marriage, divorce could be the healthiest option for every member of your family. Never feel like you should remain in an unhealthy marriage for your children’s sake – children are almost always better off with divorced parents than they are in households where they are constantly exposed to their parents’ conflicts. For help navigating this complex legal process, consult with an experienced Beverly Hills, MI, divorce attorney.
In Michigan, the divorce process begins when one spouse (known as the plaintiff) files a petition, summons, and other required paperwork with the circuit court of the county where one of the spouses resides. The other spouse (referred to as the defendant) must receive a copy of the papers and will be given up to 28 days to file a response.
To file for divorce in Michigan, an individual must have lived in the state for at least 180 days, and at least one spouse must have lived in the county where the divorce is filed for the last ten days.
Divorces in Michigan are “no-fault” divorces. This means the only reason a couple can cite for their divorce is “irreconcilable differences,” and there is no need to prove that one spouse is “at fault” for the marriage ending.
In Michigan, a divorcing couple’s marital assets are distributed according to the doctrine of equitable distribution. This means that a matrix of factors, such as the length of the marriage, each party’s income and non-economic contributions to the household, each party’s age and health, and the tax burdens associated with each of the couple’s assets, are considered. The assets are then distributed according to what the court determines to be appropriate based on these factors.
Property that is owned and used by only one spouse may be considered separate property and not subject to division in a divorce. A skilled Beverly Hills, MI, divorce attorney can help you determine what qualifies as separate or marital property.
A divorce settlement involves more than a property settlement agreement. If the couple has children, a parenting plan and child custody order are part of the settlement.
A parenting plan is an outline of the time the child spends with each parent and each parent’s responsibilities to the child. When the court creates a parenting plan, it does so with the child’s best interest as its priority.
A child support order is also created using information about the parents’ incomes and the amount of time the child spends in each parent’s household. Child support money is paid from one parent to the other to help cover the expenses associated with raising a child.
In some divorces, spousal support is also part of the settlement. This is money paid from the higher-earning partner to the lower-earning partner to protect them from financial hardship, usually because the lower-earning partner sacrificed their earning potential for the family’s benefit.
Contact Robbins & Licavoli today to schedule your initial consultation with an experienced Beverly Hills divorce attorney at our firm. During your consultation, we can evaluate the facts of your case to provide you with personalized advice that can help you make productive choices about your divorce.
Robbins and Licavoli, PLLC is a boutique law firm specializing in the areas of Family Law…
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