Going through a divorce can be a very difficult time in one’s life; thankfully, we are here to help. Here at the Mitten Law Firm, we work with compassion and experience to ensure that everything goes smoothly during your divorce. It is our goal to make the divorce process as stress free and as easy as possible for our clients.
HOW DIVORCE WORKS IN MICHIGAN
Michigan is a no-fault divorce state. Simply put, this means that neither party needs to prove a claim that the other is at fault for the breakdown of the marriage.
However, it is possible to use certain claims, such as infidelity, abuse, or abandonment, to our advantage during asset distributions and for spousal support.
To file for divorce in Michigan, you must have resided within the state for at least 180 days prior to the divorce filing and have resided within the county in which you file for at least 10 days. A complaint for divorce, along with all the supporting documents, will be filed by us in the county in which you reside.
If there are no minor children involved, Michigan has a mandatory 60 day waiting period from the onset of the divorce to when the court will grant it. If there are minor children, this waiting period is increased to 180 days. This longer waiting period may be shortened or waived under certain circumstances, but it will never be less than 60 days
Keep in mind, the above time frames are minimums and divorce cases can often last longer than 60 or 180 days.
PROPERTY DIVISION IN DIVORCE
In a divorce proceeding, property is divided either by agreement of the parties or by the court. Michigan follows an equitable distribution of marital property model, which does not necessarily mean it will be equal — only equitable.
Generally speaking, only marital assets are divisible between parties in a divorce action. Marital assets are those that are acquired during the marriage or the increased value of prior assets during the duration of the marriage. Certain assets are generally not subject to division during a divorce. Such assets include:
- Property acquired before marriage
- Property acquired by inheritance
- Gifts to one party from another
However, separate property may be subject to division when it is commingled with marital assets or if it is treated as marital property. For example, an inheritance to one person that is put into a joint account and used to pay household bills and expenses may be subject to division upon divorce.
As you can see, fair and equitable distribution of material assets can often be complex and confusing to those without sufficient experience. If mistakes are made, the consequences can be great. We are confident that we will be able help you obtain your fair share of assets upon the resolution of your divorce.
An uncontested divorce is a divorce where both parties come to agreement to the distribution of material assets, custody and parenting time of any minor children, and agree to all other terms of the divorce. This is the least stressful, costly, and time-consuming method of divorce.
It is important to use a skilled attorney even when the divorce seems agreeable. Proper drafting and filing of the legal documents is imperative for the success of the case.
The Mitten Law Firm is able to properly draft, submit, counsel, and represent you during these stressful times to help ensure a successful and favorable resolution of your case.
Contested divorces occur when the parties are not able to come to agreement over certain terms of the case.
This could include disagreements regarding asset distribution, the sale of marital assets, spousal support, and custody issues if children are involved.
If your spouse is argumentative, abusive, unaccepting of the divorce, or acting out toward you in any way, it is imperative that you contact an aggressive and competent divorce-oriented law firm, such as The Mitten Law Firm, today.
We advocate for you, the client, and will do what it takes to afford you the most favorable outcome under the unique circumstances of your case.