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Going through a divorce is one of the toughest life transitions people face. There are generally many emotions involved, including anger, frustration, and sadness. You will likely feel at least some of these, and perhaps even more. You will also have many questions about the divorce process and how to navigate it to give your case the best chance of a successful outcome. If you are considering divorce, you need to speak to the right divorce attorneys in Birmingham. A lawyer will answer all of your questions and help you throughout your entire case.
Divorce in Michigan is considered no-fault. That means that one person does not have to prove that a spouse did anything wrong or is at fault for the breakdown of the marriage. To file for divorce, one spouse must only state that the marital relationship is irretrievably broken and there is no chance for reconciliation.
Although divorce is no-fault in Michigan, this does not mean that wrongdoing on the part of one spouse will not have any part of divorce proceedings. If one person is at fault for the dissolution of the marriage, such as a spouse that had an affair, this can be held against them in matters of property division, spousal support, and more.
To get divorced in Michigan, you must file in the right jurisdiction. This is the court that has the power to make decisions on your case. For a Birmingham court to have jurisdiction and the ability to decide on your case, you or your spouse must have lived in Michigan for 180 days before filing. Being in Oakland County, to divorce in Birmingham, at least one spouse must have lived in this country for at least 10 days before filing the complaint.
There is usually a waiting period to get divorced in Michigan, but the length of time varies depending on the circumstances of the divorce. If there are no minor children, a final decision can be made on the divorce no sooner than 60 days after one spouse files for divorce. When a divorce involves minor children, the waiting period is extended to six months from the day one spouse files for divorce.
These waiting periods are the bare minimums that are acceptable in a divorce. In some cases, it may take longer, but in other cases, such as divorces that involve domestic violence, a judge may waive the waiting period.
Divorce is never easy, but our Birmingham divorce lawyers can help you through it. At Iafrate & Salassa, P.C., we will effectively negotiate with the other side so a final decision can be reached as quickly and easily as possible. We can also advise on the best course of action for your divorce, whether that is mediation, litigation, or another alternative. Do not go through your divorce alone. We are here to help. Contact us online to schedule a comprehensive consultation with a skilled and compassionate divorce attorney.