Most of us get married with the hope of building a lasting relationship with a partner. But things don’t always work out the way we planned and you may be looking to hire a divorce lawyer. When you’ve reached the point where your marriage has broken down beyond repair, even if nobody was at fault, it’s time to start a new chapter in your life. At Alward Fisher, our Traverse City divorce attorneys can help.
With all of the complicated, high-stakes issues involved in getting divorced, it’s important to have an experienced advocate on your side. Our Traverse City divorce lawyers at Alward Fisher have more than 100 years of combined legal experience, and we’ll put that knowledge to work for you. Contact our law office today for an initial consultation. Our experienced divorce attorneys are always available to talk and answer your questions.
Understanding the Divorce Process in Michigan
The first step in filing for divorce in Michigan is to make sure you meet the state’s residency requirements, which are:
- You or your spouse must have lived in Michigan for 180 days before you file for divorce.
- You or your spouse must have lived in the county where the divorce papers are filed for at least 10 days prior to filing for divorce.
Once you’ve established the residency requirements, you or your spouse will have to file the initial divorce forms with your local family court. The other spouse will then have a chance to respond.
The next steps depend on the relationship between you and your spouse. If you and your spouse agree on all or most of the terms of your divorce, you may be able to work things out yourselves. All while still working with a divorce attorney to make sure you don’t miss anything. This is sometimes referred to as an uncontested divorce.
If you and your spouse cannot agree on the terms of the divorce, things will get a bit more complex. To avoid prolonging the process, the judge overseeing your case may order you and your spouse to meet with a mediator to resolve the issues you are having. If you still can’t reach an agreement, then a series of court hearings will be necessary to get the case resolved.
Regardless of how your divorce eventually ends, the final result will be a Judgment of Divorce from the family court judge. This court order will spell out the terms of your divorce, and you’ll need to abide by those terms unless you can get the court order modified.
What You Need to Consider When Getting A Divorce In Traverse City, MI
Here are a few of the major elements to consider when you’re going through a divorce:
- Child custody and parenting time – Child custody is a critical issue in many divorces, but there are actually two different and related issues when it comes to who will raise your minor children after a divorce. Custody refers to which spouse gets to make the important decisions regarding your child, while parenting time is how often your children see each parent. Michigan courts generally prefer both spouses to share custody and parenting time. But this isn’t always possible or a good idea in every situation.
- Child support – Even if one spouse has primary custody of a child and gets most of the parenting time, both spouses should pitch in to cover the costs of raising the child. In divorces where the spouses are not on good terms, though, this can be a thorny issue to resolve. Your divorce attorney can help you make a fair calculation regarding child support.
- Alimony or spousal support – In addition to child support, another key issue in divorce proceedings is whether one spouse should financially support the other, which is often referred to as alimony or spousal support. Alimony or spousal support is often a touchy subject in divorce proceedings, particularly if one spouse feels the other is to blame for the breakdown of the marriage. But it provides a way for both spouses to live close to their pre-divorce standard of living.
- Asset division – How your marital assets or marital properties will be divided in a divorce has a massive impact on your financial future. In addition to deciding what will happen to your marital home, you’ll need to divide up your shared bank accounts, investments, vehicles, home furnishings, and other valuables. You’ll want legal representation from an experienced family law attorney to advocate for your needs and help you pursue your fair share of marital assets.
Do I Need a Divorce Lawyer to Represent Me?
Strictly speaking, you do not need a family law attorney to get a divorce. However, it’s usually a bad idea to file for divorce without getting advice or legal representation from a Traverse City family law attorney.
There are a lot of important, complicated issues that will need to be resolved in the divorce process that a divorce lawyer can assist with:
- How your marital properties and marital assets will be divided
- Who will receive custody of any children from the marriage
- Whether you or your spouse will have visitation rights
- Child support and alimony payments
- And more…
Even if you and your spouse are on good terms, there may be issues you disagree on or don’t foresee, which could lead to additional complications. By hiring a skilled Traverse City divorce lawyer, you get the advantage of professional foresight and strategic planning to deal with any challenges that may arise. A divorce attorney can walk you through the steps involved in filing for divorce, help you prepare the necessary paperwork, gather evidence to establish fault on the part of your spouse (if necessary), and protect your parental and spousal rights until the legal process is complete.
Although you may not ultimately get everything you want, a Traverse City divorce attorney can help you fight for what really matters and pursue the best possible resolution for your family with utmost importance.
Common Types of Divorce Cases Our Firm Helps With
Some of the common types of Michigan divorce cases we handle at Alward Fisher include:
- Contested divorce – If you and your spouse cannot agree on the terms of the divorce, it’s known as a contested divorce. Mediation or court hearings may be necessary to resolve issues, and it can potentially be a long and expensive process. An experienced divorce lawyer may help expedite a contested divorce and make the legal process less aggravating.
- Uncontested divorce – Ideally, both spouses will agree to the terms of the divorce to minimize the impact on themselves and their families. In cases like these, the spouses can largely work out the details of the divorce themselves. Still, it’s a good idea to have an attorney review the agreement before submitting it to the court.
- High net worth divorce – In cases where couples have a large estate with many assets, divorce can quickly become an ugly, drawn-out mess. If one spouse owns significantly more of the marital assets than the other, it can be difficult to determine what’s fair. You’ll want a divorce attorney who has experience in these types of cases to protect your rights.
- Divorce with or without children – Child custody and child support issues are common conflicts in a divorce. Special considerations should be taken to minimize the impact on any young children. A Traverse City divorce attorney can help you fight for custody and parenting time with your children.
- Collaborative divorce – If you and your spouse are on good terms, the two of you can work together with your family law attorneys to resolve any issues you have without the need for court proceedings or court hearings. Even when you’re on the best of terms, you should still have an attorney review your divorce agreement to make sure it’s reasonable and fair.
- Post-judgment modifications – Spouses’ situations can change in the years after a divorce. What may have seemed fair at the time may not be fair now. A divorce lawyer can help you file a court order to have the terms of your divorce modified if they no longer fit your circumstances.
FAQs about Getting a Divorce in Michigan
We get a lot of questions about the divorce process in Michigan. Here are the answers to some of the most common questions we receive:
Divorce
What are the grounds for divorce in Michigan?
You do not need to prove fault to obtain a divorce in Michigan. You only need to demonstrate that the marriage has broken down and is unlikely to be repaired. However, if one spouse is more to blame than the other, it can affect how assets are divided and who will receive custody of any children.
What are the residency requirements to file for divorce in Michigan?
You or your spouse need to have lived in Michigan for 180 days, and you or your spouse must have lived in the county where you file for divorce for at least 10 days.
Does it matter who files first for divorce?
Filing for divorce first gives you the chance to state your case to the courts before your spouse can respond. But ultimately the core issues will be decided on the facts of the case and the applicable laws.
How are assets divided in a divorce?
Under Michigan law, shared marital assets must be divided fairly and “equitably.” This does not necessarily mean a 50/50 split. Assets are divided based on several factors, including the age and health of each spouse, which spouse has custody of any children from the marriage, each spouse’s earning potential, and so on.
Will my case go to trial?
Not necessarily. Uncontested divorces rarely go to trial, and many contested divorces are resolved through mediation with a third party. If your divorce is contested and mediation fails, though, a trial will likely be necessary.
How long does it take to get divorced?
After you file for divorce, there’s a waiting period of 60 days before your case will be heard by a judge, or 180 days if you have children together. However, once these initial waiting periods have passed, the process can be wrapped up pretty quickly if you get along with your spouse and you work with a knowledgeable lawyer.
Can I get my ex to pay my attorney fees?
You can, but only if you can demonstrate that you cannot pay those fees yourself while your former spouse has the means. If you’re seeking to have your former spouse cover your attorney fees, you’ll want help from an experienced divorce lawyer in Traverse City, MI.
Can I get a divorce without a lawyer?
You don’t need a lawyer to get divorced, but we strongly recommend getting professional legal advice. If you’re worried about the cost of hiring an attorney, our firm offers affordable “unbundled” legal services, which can keep costs down. Contact us today to learn about these options.
Talk to a Traverse City Divorce Lawyer Now
Our Traverse City divorce lawyers at Alward Fisher have the experience and resources to handle even the most difficult family law cases. As a full-service law firm, we can also help with related family law matters, estate planning, family law services, and business matters that can arise out of a divorce.
Our compassionate and knowledgeable legal team is here to help you through every step of the process. Contact us today for a confidential consultation.
