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No one ever really wants to get divorced, even if the marriage they were in was not happy. The process is incredibly complex and some of the most important parts of a person’s life, such as relationships with his or her children, are changed forever. In addition to these issues, divorce often takes a long time and sometimes comes with great financial expense. A divorce attorney in Oakland County can help anyone currently facing divorce understand what the process will entail, and will always stand up for the rights of the client.
The costs of divorce are high, regardless of how a couple goes about getting one. An uncontested divorce in Oakland County can cost anywhere between $1,200 and $1,500. In addition to this cost, an uncontested divorce will also incur court filing fees and fees to file other legal documents.
When a divorce is contested, meaning the couple cannot agree on the terms of the divorce, the costs increase dramatically. These divorces start at approximately $5,000 and the costs climb from there. Issues such as division of a business and disputes over child custody, child support, and spousal support will all add to the cost of a divorce.
When a couple wants to divorce, they often want to get the process over with as quickly as possible. Unfortunately, Michigan law does not allow this. In this state, like in most others, there is a waiting period, also known as a cooling off period, before a couple can finalize their divorce.
This waiting period is intended to give both spouses time to reconsider and determine if there is a chance for reconciliation. It also gives both parties time to collect financial documents and other important information necessary during the divorce. When a divorce involves children, this waiting period also allows parents to make arrangements for daycare, school, and visitation schedules. If the parents cannot agree to these terms, they will have to move the case to litigation and allow a judge to decide.
In Oakland County, the waiting period for divorces not involving children is 60 days from the date of filing. When children are involved, the cooling off period is extended to 180 days, or six months, from the date of filing.
Any divorce will require some type of property division. This divides the assets and debts considered marital property in the state. Marital property is property that was obtained during the marriage, whereas separate property is that which someone brought into the marriage.
In Oakland County, marital property is divided equitably, which means fairly but not necessarily evenly. A judge will determine the fairest way to divide the property based on a number of factors. These include, but are not limited to, the length of the marriage, each party’s contributions to marital property, the needs and circumstances of each spouse, and the earning potential of both parties.
Once you understand the many complicated factors involved in any divorce, it is easy to see why you need an Oakland County divorce attorney. At Iafrate & Salassa, P.C., we will explain Michigan law pertaining to divorce and how it applies to your case. We can advise on the many options you have, and which one is right for you. Most importantly, we will make sure your rights are upheld throughout every part of the process and that you get what is rightfully yours. Do not try to go through this complex process on your own. Call today for your free consultation and we will get started on your case.
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