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Divorce is always a difficult process, and you will have to resolve many issues along the way. Perhaps you and your spouse can no longer even be civil to each other, and if you have children with your spouse, you may worry about the impact the divorce will have on them. Although these are some of the most common emotional issues you will face, you will also have to resolve many legal issues. A divorce attorney in Sterling Heights can explain the laws that will affect your case and give you the best chance of a successful outcome.
It is not uncommon for one spouse to think the other is responsible for the breakdown of the marriage. However, under the law, fault actually has no relevance in a divorce case. When one spouse wants to file for divorce, they must file on no-fault grounds. This means they only have to state that the marital relationship has broken down and there is no chance of reconciliation. The spouses also do not have to agree to the divorce, as long as one person wants to end the marriage.
Although all divorces in Michigan are considered no-fault, it does not mean that marital misconduct will not play a role in a divorce. For example, if one spouse developed a gambling addiction and spent significant marital funds on the problem, a judge may award more during property division hearings to compensate the other spouse.
Divorces are also not finalized immediately after someone files, even if the two parties agree to all terms. After filing, there is a 60-day waiting period for couples that do not have children. When a couple does have children, the waiting period is extended to six months from the date of filing.
Issues involving children and child custody are some of the most contentious in divorce. Under Michigan law, it is presumed that it is in the child’s best interests to spend time with each of their parents. Unfortunately, neither parent will be able to spend as much time with their children after the divorce and so, these issues can become heated quickly. In Sterling Heights, as throughout the rest of Michigan, there are 12 factors a judge will consider when making child custody decisions. All of these factors help the court determine what is in the child’s best interests.
When one parent is awarded primary child custody, the other parent is usually ordered to pay child support. As with child custody, a judge will take many factors into consideration when making a decision about whether a parent should pay child support, and the amount of support they will have to pay.
No one is required to work with a divorce attorney in Sterling Heights when ending their marriage, but working with a lawyer will ensure your rights are protected. If you are getting a divorce, call our experienced attorneys at Iafrate & Salassa, P.C. or contact us online for a free consultation.
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