Michigan Divorce Lawyer Assisting Clients throughout Farmington Hills
What do you need to know about the divorce process in Farmington Hills? The first step in any divorce is for one of the parties to file a complaint for divorce. Chapter 552 of the Michigan Compiled Laws (MCL) includes the statutes that govern divorce proceedings in Canton. Under MCL 552.6, after the plaintiff files a complaint for divorce, the divorce proceedings can commence. In Michigan, parties can only seek what is called a “no-fault divorce.” This means that anyone who files a complaint for divorce does not have to allege fault of the other party, but instead only must allege that there has been a breakdown of the marriage.
It is always important to work with an experienced Farmington Hills divorce lawyer, even if you and your spouse have come to an agreement over certain terms. You will need an advocate to ensure that your voice is heard and that you obtain the best outcome from your divorce as possible.
Elements of a Divorce in Farmington Hills, Michigan
Every divorce has its own set of facts and nuances, and as such no two divorce proceedings look exactly alike. However, almost all divorces will have to deal with the following:
- Division of marital property
- Spousal support
- Child custody and visitation
- Child support
- Division of Debts
- Division of Retirement Assets
If there are no children from the marriage, of course, then the court will not address issues of child custody, visitation, and child support.
What is My Spouse Does Not Want to Get Divorced?
Many residents of Farmington Hills have questions about how divorces progress when the other spouse does not want to get divorced. Since Michigan is a no-fault divorce state, as we mentioned above, only the plaintiff (the person who files the complaint for divorce) needs to allege that there has been a breakdown of the marriage. Even if the other spouse disagrees, the divorce process still can move forward.
Farmington Hills Division of Marital Property
When you get divorced in Farmington Hills, Michigan, the court will need to divide marital property. In Michigan, courts divide property based on a theory known as “equitable distribution.” It decides how a division of marital property—both assets and debts—would be equitable to both parties. Equitable can mean “equal” in some cases, equitable distribution often does not mean that the property is divided equally between the spouses.
How does the court decide what is equitable? It looks to many different factors, including but not limited to:
- Length of the marriage;
- Needs of both parties;
- Earnings and potential earnings of both parties;
- Source of the property;
- Needs of the children from the marriage; and
- Fault in the marriage.
While there is no need to prove fault in order to get a divorce in Farmington Hills, fault can play a role in the way a court distributes certain property, or in how the court awards alimony. If you have concerns about the division of marital property—especially if you have substantial separate property that you are worried will be subject to division—you should discuss your case with a Farmington Hills divorce lawyer as soon as possible.
Contact a Divorce Attorney in Farmington Hills
Even when divorces are not contentious, they are still extremely complicated. Do not hesitate to seek advice from an experienced divorce attorney in Farmington Hills. An advocate at our firm can speak with you today. Contact the law offices of Paul J. Tafelski for more information.