Michigan Divorce Attorneys Serving Clients in Birmingham
No matter how prepared you think you might be for dissolving your marriage, divorce is often one of the most difficult events that you will go through. At the law offices of Paul J. Tafelski, we have years of experience helping clients through the divorce process, from matters of property division and equitable distribution to issues surrounding child custody and child support. We know that no two family situations in Birmingham, Michigan are exactly alike, and we tailor our approach to fit the needs of our case.
A dedicated Birmingham divorce lawyer can advocate for your rights at every stage of the divorce process. Do not hesitate to reach out to our firm to learn more about how we can help.
Types of Divorce Matters We Handle
Chapter 552 of the Michigan Compiled Laws governs divorce proceedings in Birmingham. There are many different issues that come up in divorce cases. We regularly handle a wide variety of family law issues surrounding divorce, including but not limited to:
- Property division and equitable distribution;
- Alimony or spousal maintenance;
- Child custody;
- Child support;
- Paternity issues;
- Maintenance modification;
- Grandparent visitation;
- Annulments; and
- Prenuptial and postnuptial agreements.
Michigan is a No-Fault Divorce State
Under Michigan law, you do not need to prove fault in order to get divorced. To be clear, Michigan is a no-fault state when it comes to divorce. As such, even if the other spouse does not want to get divorced, a filing by only one spouse in the marriage is sufficient to begin the divorce process.
Under MCL 552.6, a party that files a complaint for divorce only must indicate that there has been “a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” The plaintiff does not have to provide any additional explanation for the divorce complaint.
Timetable for Divorce in Birmingham, MI
How long does it take to get a divorce in Birmingham, MI? The answer to this question depends upon whether the divorce is contested, along with a number of other factors. In short, when both spouses want to get divorced and agree to the terms, the proceedings typically can occur more quickly. However, when both parties do not want to get divorced, and/or the parties cannot come to an agreement regarding property division or other substantial matters, then the divorce proceedings typically take more time. The soonest a divorce can be finalized in Michigan if there are no minor child is 60 days after the Complaint for Divorce is filed. With minor children the Court cannot finalize the divorce until 6 months after the filing of the Complaint unless the Court finds good cause to waive the waiting period and enter the Judgement of Divorce. Good Cause to waive the waiting period often occurs where the parties have been separated for a while or they can demonstrate to the Judge that it is in the best interests of the minor children to allow the divorce to be finalized.
Under Michigan law, a plaintiff in a divorce case must meet the Michigan residency requirements in order to file for divorce. The residency requirements specify that the plaintiff must have resided in the state of Michigan for 180 days prior to filing, and the plaintiff also must have resided in Oakland County for at least 10 days prior to filing the complaint for divorce there.
Discuss Your Options with an Experienced Divorce Attorney in Birmingham
Are you thinking about filing for divorce? Do you have specific questions about how property distribution, child custody, or another significant matter will be handled during your divorce proceedings? An experienced divorce lawyer in Birmingham can speak with you today. Contact the law offices of Paul J. Tafelski to learn more about how we can assist with your divorce.