Wayne County Divorce FAQ’s
Going through a divorce can be tough on anyone, whether you have kids or not, lots of money or not.
It’s important to have a good lawyer who will make sure everything is fair and you don’t miss anything important. If you’re in Wayne County, Michigan, The Mitten Law Firm can help answer some common questions you might have.
How Much Will My Divorce Cost In Wayne County?
The cost of your divorce will depend on multiple factors, but mainly it depends on whether the divorce is contested or not. Quite naturally, an uncontested divorce will not cost as much simply because the process is much more straightforward. In an uncontested divorce, you may not even see a day inside the courtroom. But in contested divorces, the costs depend on factors like:
- The extent of the disputes or disagreements between the spouses.
- The potential for custody battles.
- The number of assets, including the allegations of hidden assets.
- The attorney you hire––and that does not only mean the attorney fees but the lawyer’s legal competency and negotiating skills.
Giving an exact prediction of how much your divorce will cost is impossible because of the various factors that go into it. The starting point in terms of costs is the filing fee associated with the divorce complaint, and then from there, it depends on the circumstances.
What If My Spouse Doesn’t Want A Divorce?
You can still file for divorce even if your spouse does not want the divorce. There is no requirement of physical separation in Michigan, however there is a sixty (60) day waiting period from the date you file until the date the court can grant a judgment of divorce in any case and there is a six (6) month waiting period if the parties have minor children. Some courts will waive the six (6) month requirement but the courts cannot waive the sixty (60) day waiting period, although in reality most divorces require more than sixty (60) days to resolve anyway. Michigan is a no-fault divorce state which means the marriage has broken down or the spouses have irreconcilable differences.
How Is Child Support Determined In Wayne County Divorces?
Child custody, visitation, and child support are determined case-by-case and on the facts of the case. These matters, however, are always determined by considering the “best interests of the child” standard. In general, though, courts want both parents to build strong relationships with their children. Courts also recognize that both parents are financially responsible for the child. Child custody, visitation, and child support will reflect those beliefs as the basis of the determination.
How Is Spousal Support Determined In Wayne County?
Spousal support, sometimes called alimony, is determined on a case-by-case basis based upon a twelve (12) factor test. Some of those factors include the present earning ability and future earning opportunities of the spouses. If one spouse was dependent on the other spouse through the marriage, that factor will weigh heavily on any court’s decision on alimony.
How Are Debt & Assets Divided In Wayne County?
Assets and debt are divided in an equitable manner. This means that it will be roughly equally divided but not necessarily mathematically equal. However, there have to be very strong reasons for the court to go much beyond awarding one spouse fifty-five (55%) percent and the other forty-five (45%) percent according to Michigan family law statutes and case law.
What If My Spouse Is Abusive Or A Narcissist?
Those who have abusive or narcissistic spouses are in most danger when they seek divorce. You should protect yourself by getting as much help and support as you can. You can file for a restraining order. You should also consider state and local programs aimed at helping survivors of domestic abuse. You also want to build a network of support using friends and family as well as a supportive Wayne County family law attorney.
How Do I Start A Divorce In Wayne County?
To start any divorce in any state, you have to file a petition or complaint to dissolve the marriage with the court clerk. The court where you must file the petition should be in the county or state where you or your spouse resides and if there are children where the children reside. Once the petition is filed, the other spouse has a certain number of days to answer the petition. The most efficient way to start a divorce is to contact a divorce attorney to handle it for you. This way the petition is properly filed and/or timely answered.
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