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Divorce is one of the most difficult things you will ever go through. As such, it is natural to become caught up in your emotions, and wonder what your future will look like once the case is final. It is important to take time to focus on yourself and get the support you need, but it is just as critical that you also consider the legal issues a divorce will raise. Our divorce attorneys in Sterling Heights are well-versed on the laws on divorce in the state and will advise on how they apply to your case.
Some people simply grow apart before agreeing to end their marriage. Others, though, get a divorce after one party engaged in marital misconduct, such as having an affair. Even when one spouse accuses the other of being at fault for the divorce, they must still file a no-fault divorce, the only type available in Michigan. When filing for divorce, a spouse must only state that the marital relationship is irretrievably broken.
Judges in Michigan cannot consider fault when granting a divorce, but that does not mean it will not play a role in your case. If marital wrongdoing caused you to suffer losses, such as household income spent on an affair, it can help you when seeking spousal support, marital assets, or child support.
Before filing for divorce in Sterling Heights, you must have lived in Michigan for at least six months. You can file in Macomb County if you or your spouse live in Sterling Heights, but you must have lived within the county for at least 10 days.
Sometimes, making the decision to get a divorce takes a long time. After all, it is one of the biggest decisions you will ever make. Once you have made it, you likely want the process to be over with as soon as possible. Unfortunately, that cannot happen in Sterling Heights. If you do not have children with your spouse, you must wait at least two months from the date of filing before your divorce can be finalized.
If you do have children with your spouse, the waiting period for divorce extends to at least six months from the date of filing. If you can show that waiting six months would cause you or your children undue hardship, the judge may waive the waiting period. The waiting period for couples without children cannot be extended past two months.
If you are going through a divorce, our divorce attorneys in Sterling Heights can explain the legal issues associated with your case and how they affect you. At Iafrate & Salassa, P.C., we have helped many clients through the divorce process and will help finalize yours as soon as possible. Call us now or contact us online to schedule a free consultation with one of our skilled attorneys.