Experienced Divorce Attorney Assisting Clients in Rochester Hills, Michigan
Do you have questions or concerns about filing for divorce? Are you unsure about whether you meet the residency requirements to file for divorce in Rochester Hills? Are you especially concerned about how the court will handle property distribution? Do you have children from the marriage and particular concerns about child custody and child support? While each divorce matter has its own specific set of facts and circumstances, these are questions that many people in Michigan often have when they are considering divorce. Every case is unique and the experience of other people may be totally different than your experience based upon simple differences in a case.
At the law offices of Paul J. Tafelski, we are committed to assisting Rochester Hills clients with every aspect of their divorce case. A dedicated Rochester Hills divorce lawyer can discuss your case with you and an answer your questions today.
How Do I File a Complaint for Divorce?
When you begin the process of filing for divorce, you will need to abide by divorce laws in our state, which fall under Chapter 552 of the Michigan Compiled Laws (MCL). Under MCL 552.6, filing a complaint for divorce does not require that you show the fault of the other party. To be sure, Michigan is a “no fault” divorce state, which means that the party who files the complaint for divorce only must assert that there has been an irretrievable breakdown of the marriage. Even if the other party does not want to get divorced, the party who files for divorce still can move forward with the process.
There are residency requirements before you file. Under MCL 552.9, you must be a Michigan resident for at least six months prior to filing for divorce, and you must be an Oakland County resident for 10 days before filing your Rochester Hills divorce.
Property Distribution in Rochester Hills
In a Rochester Hills divorce, marital property will be divided according to a theory of “equitable distribution.” In other words, the court will determine what is equitable to both parties and will then distribute marital property. It is important to know that marital property does not include just assets—it also includes debts. As such, the court will divide both the assets and debts of the marriage between the parties in a manner that it determines to be fair.
Generally speaking, any property acquired before the marriage or after the separation will be considered separate property and will not be subject to division. However, this can get complicated when property is commingled. You should always seek advice from a Rochester Hills divorce attorney.
Can I Seek Spousal Maintenance or Alimony in My Divorce?
Michigan law permits divorcing parties to seek an award of spousal support. The court will look at many different factors to decide whether spousal support (or alimony) is appropriate in the specific case, such as: length of the marriage, needs of both parties, ability of both parties to work and earn money, standard of living during the marriage, and conduct of the parties prior to the divorce.
Even though Michigan is a no-fault divorce state, the parties’ conduct still can be taken into account by the court when making determinations about maintenance.
Contact a Rochester Hills Divorce Lawyer
If you are thinking about filing for divorce, an experienced divorce lawyer in Rochester Hills can help. Contact the law offices of Paul J. Tafelski today to get started.