Divorce is one of the hardest things a person can endure. According to some recent studies, the only thing more difficult than going through a divorce is losing a loved one. Even though all divorces are challenging, some are more difficult than others. If you and your spouse do not agree to all the terms of the divorce, it is likely going to be more contentious, which will lead to more emotional upheaval.
The divorce process can be made much easier if you know the laws that govern the process, as well as what you can expect. Our divorce attorneys in Birmingham explain the basic laws surrounding divorce below.
Every divorce in Birmingham, as throughout the rest of Michigan, is considered no-fault. When one spouse wishes to get a divorce, the other does not have to agree to it. The spouse that wants the divorce simply has to state that the marital relationship is broken, and that there is no possibility of the two parties reconciling. The spouse that files for divorce also does not have to prove their partner was responsible for the marriage ending.
The no-fault laws in the state pertain only to when a person files for divorce. They do not mean that fault will not play a role in the divorce process. For instance, if one spouse had an affair and spent marital funds on hotel rooms or gifts not intended for the marriage, the wronged spouse may be awarded more during property division hearings.
No-fault divorce also does not mean that a case cannot be disputed or contested. When two spouses disagree one even just one term of the divorce, such as child custody, the case is considered contested. If two spouses can agree to all the terms without the need for mediation or litigation, the case is considered uncontested.
Many people wish to live as a single person without getting an actual divorce. One spouse may want to remain on the other’s health insurance, or a couple may simply want time to determine if divorce is right for them. Spouses that wish to legally separate in Birmingham may do so, as Michigan law still recognizes legal separations. It is important to understand that while a legal separation will allow spouses to live separate and apart, they are still considered legally married.
It is crucial for spouses that separate to draft a legally binding separation agreement. These agreements can address important issues, such as child custody, alimony, property division, and more so disputes do not arise in the future.
Divorce is always a stressful process, but having the help of a Birmingham divorce attorney can make it much easier. At Iafrate & Salassa, P.C., our skilled attorneys can provide the legal advice you need and help you obtain the fair settlement you deserve. Call us today or contact us online to schedule a free consultation and to learn how we can help prepare you for the process.
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