Legal disputes that involve a person’s family relationships are some of the most emotional and stressful issues a person could ever have to deal with. When trying to resolve these issues, it is difficult for people to make rational decisions, particularly when the time they spend with their children is at stake. If you are involved in a family law dispute, it is critical that you receive the legal advice that can help you through this difficult time. Our Birmingham family law lawyers can assist with many of these disputes, including those involving child custody, divorce, and post-judgment issues.
All divorces in Birmingham, and throughout Michigan, are considered no-fault. This means that any time one spouse wants a divorce, they must only petition the court stating that the marital relationship has broken down and that there is no chance of reconciling with their spouse. Still, you will have to meet many requirements when getting a divorce. There are certain documents you must submit to the family law court, and there are certain rules around serving your spouse with the complaint and summons. There are also certain residency requirements when getting a divorce.
It is not uncommon for divorces to become a bitter and contentious legal battle, but that does not always have to be the case. If you can come to an agreement on your own with your spouse, the divorce is uncontested. On the other hand, a dispute involving even just one issue of the divorce means it is contested and you will either have to enter mediation or litigation to resolve the issues.
Child custody issues must be resolved during the divorce process when a couple has children together. However, child custody issues can also arise after a divorce is finalized. The law on child custody has had major changes made to it over the years but today, the family courts only consider the best interests of the child. The best interests of the child include factors such as the child’s relationship with each parent, and the ability of each parent to care for the child.
The family courts in Birmingham typically try to award joint legal custody and physical custody to both parents. Legal custody gives a parent the right to make decisions for the child, while physical custody refers to where the child will live and which parent will spend the majority of time with the child. Even when one parent is awarded the majority of legal or physical custody, the family courts will still try to award the other parent visitation time. If there are extenuating circumstances, such as a history of domestic violence, this may not be possible.
You will come across many legal issues when going through a divorce, and you should not go through them alone. At Iafrate & Salassa, our Birmingham family law lawyers have the experience and legal knowledge necessary to help you through the process and to help you obtain the fair settlement you deserve. Call us today or contact us online to schedule a free consultation.
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