Michigan Divorce Attorney Serving Clients in Royal Oak
Are you considering divorce? If so, you should reach out to an experienced Royal Oak divorce attorney as soon as possible. Chapter 552 of the Michigan Compiled Laws (MCL) contain specific requirements for getting divorced in Michigan, and these laws can be complicated. It is important to follow the required steps for divorce to ensure that your case goes smoothly.
In some divorces, spouses can agree to certain terms and they may be able to proceed with an uncontested divorces. In other cases, however, terms of the divorce become extremely contentious and it is necessary to go to court. Regardless of whether you are likely to have an uncontested or contested divorce, it is important to have an experienced Royal Oak divorce lawyer on your side. An attorney at the law offices of Paul J. Tafelski can help.
Divorce Issues We Handle
Divorces are complicated, and there are many different factors involved. We regularly assist clients with a wide variety of issues related to the divorce process, including but not limited to:
- Filing a complaint for divorce;
- Answering a complaint for divorce;
- Identifying separate property and marital property;
- Determining tax implications of property division;
- Determining tax implications of divorce;
- Child custody and visitation issues;
- Financial support matters, including spousal support and child support; and
- Enforcing prenuptial and postnuptial agreements.
Residency Requirements for Divorce in Royal Oak
Under MCL 552.9, a party who wants to file a complaint for divorce in Royal Oak must have been living in Michigan for at least 180 days, or 6 months, prior to filing. In addition, to file for divorce in Royal Oak, the party must have been a resident of Oakland County for at least 10 days.
Until residency requirements are met, the party seeking to file for divorce cannot proceed. It is important to note that you do not need to remain a resident of Oakland County (or even a Michigan resident) after filing. You will, however, be required to continue your divorce in Michigan and to appear at any necessary court dates.
Dividing Marital Property in Michigan
Part of any divorce proceeding in Royal Oak involves the distribution of marital property, which will be completed according to a theory of “equitable distribution.” Any property that is not considered “separate property” will be subject to division, including both assets and debts of the marriage. Examples of divisible marital property include but are not limited to:
- Credit card debts;
- Checking accounts;
- Savings accounts;
- Motor vehicles;
- Real estate;
- Retirement benefits;
- Objects in the home, such as furniture or artwork;
- Change of Domicile requests;
- Challenging Change of Domicile requests;
- Other forms of property.
Generally speaking, any property that was acquired before the marriage or after separation or filing for divorce will be considered separate property, as will gifts and inheritances. Under MCL 552.401 and MCL 552.23, however, the court can sometimes determine that separate property can be divisible. It is very important to learn more by speaking with a Royal Oak divorce lawyer. We can help challenge or defend whether property is truly separate property.
Discuss Your Case with a Royal Oak Divorce Attorney
Do you have questions about property division or other aspects of your divorce case? A divorce attorney in Royal Oak can assist you. Contact the law offices of Paul J. Tafelski to speak with an advocate today.