Not all marriages last forever. When a couple reaches the point in their marriage where conflict, abuse, or simply different interests and personalities make it impossible for them to live as a functional, loving couple, divorce is typically the healthiest choice for them and their children.
If you are considering ending your marriage, discuss the divorce process with an experienced family lawyer. Getting divorced can be stressful and difficult, but in the long run, it is a better choice than remaining in an unhealthy marriage.
Getting Divorced in Oakland County
To get divorced in Michigan, you or your spouse must have lived in the state for at least six months prior to filing for divorce. Additionally, the spouse who files for divorce must be a resident of the county where he or she files the divorce paperwork.
Divorces are handled by the circuit court of the county where one of the divorcing partners resides. You do not have to file your divorce paperwork with your county’s circuit court – if your spouse lives in a different county, you can file the paperwork there.
In Michigan, the only ground for divorce is irreconcilable differences.
Choosing Litigation or Negotiation
If you and your spouse can work together amicably, you could be able to negotiate your own divorce settlement. This can be a less expensive, less stressful option for you than litigating your divorce. However, this is not always a feasible option. Some couples need the structure and direction the courtroom provides for their divorces, and these couples are better suited to litigating their divorces.
Components of a Divorce Settlement
When a couple’s divorce is finalized, the court enters a document known as their divorce settlement into its record. A couple’s divorce settlement includes all the court orders regarding their divorce. In every divorce, the couple has a property division order. This is the distribution of their marital assets and debts according to the doctrine of equitable distribution.
If the couple has minor children, their divorce settlement will also include a child support order and a child custody order. A child custody order is determined according to what the court deems to be in the child’s best interest. To reach this determination, the court considers various factors like the child’s relationship with each parent and his or her personal needs. Child support is determined based on a standard state formula.
Some couples’ divorce settlements also include spousal support orders. This is money the higher earning spouse pays to the lesser earning spouse after their divorce to mitigate their income disparity.
Work with an Experienced Oakland County Divorce Lawyer
If you know your marriage is over, contact experienced Oakland County divorce lawyer Paul Tafelski to schedule your free legal consultation. During your consultation, we will go over the issues you are facing and your divorce goals and begin working on your case. Do not think of divorce as a personal failure; think of it as starting the next phase of your life.