General Information About Divorce
All information provided is generalized and not intended
to provide specific legal advice to any person
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Michigan is a no-fault divorce state which means the party requesting a divorce does not have to prove some kind of misconduct of the other party, such as cheating, abuse, addictions, or similar conduct. It only requires one party to request a divorce from the court and state there has been a breakdown of the marriage and there is no likelihood of reconciliation. Once the divorce has been filed, the case will proceed through the system in a time frame set forth by the laws of the State of Michigan . . . typically, two months for a marriage with no minor children and six months for a divorce with minor children. These are just minimum time frames that a client is looking at for a judgment of divorce.
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Reasons for Divorce
Division of Assets and Debts
Under Michigan law, the division of assets of debts of a marriage should be divided equally among the parties or as close thereto as possible. In that, no party should come out “ahead” of the other party upon the entry of the Judgment of Divorce.
Each party is entitled an equal share of all of the assets, including real property, savings, retirements, vehicles and the like. However, a division of the assets also comes with some caveats, namely an asset may be claimed by one spouse to be their separate property because they have inherited the item or they already owned the item upon the date of marriage, thus, the other spouse is not entitled to any division of that asset. The classification of items as marital or separate can get pretty complicated is something an experienced attorney can help you with.
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Spousal Support
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Again, Michigan law provides an avenue for one party to receive spousal support (formerly alimony) from the other party. There are numerous factors that the court must consider before an award of spousal support can be had - those include, but are not limited to, the past conduct of the parties, the length of the marriage, ability of the parties to work, age of the parties, needs of the parties and the health of the parties. One should discuss all of their current situation with an experienced attorney in order to have a proper assessment of the likelihood of an award of spousal support.
KB Law Office has won large awards for spousal support that are uncommon in our area and have also obtained significant distributions of property to our clients. (Not all cases are alike and outcomes vary by circumstances.)
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Child Custody, Parenting Time and Support
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During the process of the divorce, orders can be entered which specifically grants either joint or sole physical custody of the parties’ minor children. Along with that, orders entered will provide for specific periods of parenting time for one parent as well as for child support payable the custodial parent (the parent in which the child(ren) mainly reside.) These orders can be had as quickly as within a few weeks of filing for divorce or can be had at the final judgment of divorce. Each case should be specifically reviewed for the best alternative to the parties involved.
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Whether you are considering filing for a divorce, have already been served with divorce papers, or just want to discuss the options for ending your marriage, we can help. We will meet with you to discuss your situation and work to provide you with a clear understanding of the legal and financial consequences of getting divorced. We will give your case the professional care and individual attention that you deserve. Every case and every client is unique, but our goal is always to help you preserve your financial and emotional resources and enable you to move on with your life.