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There is no such thing as an easy divorce in Michigan. Even an uncontested divorce in which both parties agree to all terms is going to involve many emotions as each spouse considers ending one chapter of life and beginning another. A divorce attorney in Royal Oak can make the process easier by ensuring you are aware of the laws surrounding divorce in Michigan and getting your divorce finalized as quickly as possible.
To file for divorce in Michigan, at least one spouse must have lived in Michigan for 180 days before filing. In Royal Oak specifically, one spouse must have lived in Oakland County for at least 10 days prior to filing. The only exceptions to the county requirement are when the non-filing spouse is a citizen of another country, the divorce involves minor children, and there is reason for the courts to believe the children will be taken out of the United States.
In Royal Oak, there is a 60-day waiting period for any divorce that does not involve children. When minor children are involved, the waiting period is typically six months. This means that after filing for divorce, the divorce cannot be finalized until these waiting periods have expired.
Michigan is a no-fault divorce state. This means that the spouse filing for divorce does not need to accuse the other spouse of wrongdoing. A judge must only find that the marital bonds have been broken and there is no reason to hope that the couple will reconcile. In Royal Oak, filing spouses can only file for a no-fault divorce, as is the law throughout the rest of the state.
All divorces will require some type of property division, unless there was a premarital agreement specifically stating how assets are to be divided in the event of divorce. Michigan is an equitable distribution state. This means the courts in Royal Oak will divide marital assets, and debt, fairly although not necessarily equally.
There are many factors the courts will take into consideration when dividing property fairly. They will consider, among other things, the length of the marriage, the needs of both parties involved, and the life expectancy of each party. Although all divorces in Royal Oak are considered no-fault, a judge may take a party’s wrongful behavior, such as an affair, into consideration when deciding on how to divide property in the divorce.
If you are considering divorce, you should not go through it alone. Even the most amicable divorces can quickly turn bitter and nasty. At Iafrate & Salassa, PC, our divorce attorneys in Royal Oak work hard to ensure this does not happen. When emotions run high, we will also communicate with the other side so you have to go through as little as possible. When you want your divorce finalized as quickly and easily as possible, call us to schedule your free consultation.