Get The Legal Help You Need For Your Divorce From Top Lawyers In Grand Rapids
The decision to file for divorce is never an easy one. There are many misconceptions regarding this area of law. Filing a divorce complaint is actually a law suit filed in circuit court that sets in motion a legal proceeding to dissolve the marital union and to divide assets and debts between the parties involved as fairly as possible. Michigan is a “no-fault” divorce state. This means that neither party needs to prove the other party is at fault in order to obtain a divorce from the court.
At Gordon & Hess, PLC, our experienced divorce lawyers can help with your divorce. Either party can file for divorce at any time for any reason. Once a Summons and Complaint for Divorce is filed the court will proceed to dissolve the marriage as equitably as possible within the statutory time limits provided by law. Although Michigan is a “no fault” state this does not mean that the issue of “fault” is irrelevant. In fact, depending on the circumstances of your case “fault” may be extremely relevant and something to be presented to the court if a party is seeking more than a 50/50 property division and has proof of what actually caused the “break down” of the marriage. However, it should be noted that the issue of “fault” is not easily proven in a court of law and the decision to pursue “fault” or not should be discussed in detail with a seasoned divorce attorney at 616-369-7452.
How Long Before My Divorce Is Final?
A divorce in Michigan may not be finalized sooner than 60 days from the date when the complaint for divorce is filed. When there are minor children, the minimum waiting period is 180 days. Many divorces take longer than the minimum time period to complete. In an amicable situation you can agree to, and implement the settlement terms prior to the waiting period being complete, but your final decree will not be issued prior. In the context of divorce, either party may request court orders related to the following:
- Custody of your children
- Parenting time/visitation
- Child support payments
- Property division
- Spousal support
- Post-judgment modification
- Attorney fees and court costs
Some of these orders may be requested on a temporary basis while the divorce is pending and before a final judgment is either agreed upon by the parties during settlement negotiations or ordered by the court at trial. Depending on the circumstances of the case it may be important to request temporary orders right away and this should be discussed with your attorney as soon as the case is filed. There are many facets to a divorce case, and it can be an emotional time for the parties involved.
It is very important that you retain an experienced divorce lawyer who understands the issues, the law, and who can aggressively and effectively advocate on your behalf to protect your rights and the rights of your family. At Gordon & Hess, PLC, our divorce attorneys will fight hard for you to get the best possible outcome for you, your children and family in court.
Frequently Asked Questions
Q: How is property divided?
In Michigan, the division of property follows the principle of equitable distribution. This means assets and debts are divided in a manner deemed fair, though not necessarily equal. The court considers factors such as the duration of the marriage, each spouse’s contributions to the marriage, their ages and health, and their earning potential.
Q: What does the court do in a divorce?
The court’s responsibilities in a divorce include determining spousal support, dividing property and deciding child custody and support if children are involved. If a prenuptial agreement is in place, the court will assess if it is fair and equitable.
Q: How long does a divorce take in Michigan?
The timeline for finalizing a divorce in Michigan varies. For couples without children, there is a mandatory waiting period of at least 60 days after filing the complaint. For those with children, the waiting period extends to 180 days. The overall duration can be influenced by factors such as disputes and court availability.
Q: Is Michigan a no-fault divorce state?
Yes, Michigan operates under a no-fault divorce system. This means that neither spouse needs to prove wrongdoing, such as infidelity or abuse, to obtain a divorce. Couples must simply show that their marriage has broken down irretrievably.
Q: How much will I pay for spousal support?
The determination of spousal support, or alimony, considers multiple factors. This includes:
- The length of the marriage
- The health and ages of both parties
- Their incomes and earning capacities
- Statutory guidelines
Each case is unique, and the court evaluates all relevant circumstances to decide on the appropriate amount of spousal support.
Our Attorneys Will Aggressively Protect Your Rights In Your Divorce
At Gordon & Hess, PLC, our attorneys are caring and compassionate without compromising their duty to aggressively protect your rights. We will explain all of your legal options at every step and are dedicated to providing you only the highest quality of legal representation. Our knowledgeable attorneys can develop the best course of action based on your goals. Our skilled attorneys will listen to the specific issues of your case and provide an honest evaluation of your legal options and other legal separation matters.
If you need a divorce lawyer or a family law attorney in Grand Rapids or anywhere in West Michigan contact Gordon & Hess, PLC, for assistance. Our attorneys are aggressive and experienced in all of these areas and have handled complex divorce and family law cases in Grand Rapids and throughout West Michigan. Our attorney team can help you with mediation as well. Please email us or call us at 616-369-7452 to schedule a consultation to meet face-to-face and discuss your divorce.