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Whether you have been served divorce papers from your spouse or you were the one to file, divorce can be extremely difficult. While divorce is an emotional process, it is also a legal one. You must know what to expect when going through it, and you will likely have many questions along the way. When you find a divorce lawyer by you, they can provide the listening ear you need. Your attorney can aggressively fight to ensure that your rights are upheld and that you secure the fair settlement or verdict you deserve.
Michigan is a no-fault divorce state, which means that when a spouse files, they cannot make allegations of fault, and a judge cannot consider fault during the initial filing. A spouse who wants to file for divorce must only state that there has been a breakdown in the marriage and there is no chance they will reconcile with their spouse.
While fault is not considered when a spouse files for divorce, that does not mean it will never be a part of the proceedings. For example, a spouse may have an affair during the marriage and spend marital funds on that affair. In this case, a judge may award the other spouse more in property division to compensate for those funds spent.
No divorce is final as soon as a person files because Michigan imposes a waiting period on all divorce cases. If a couple does not have children together, they must wait at least 60 days before their divorce is finalized. When children are involved, that waiting period increases to a minimum of 180 days. The waiting period begins the day one spouse files the Summons and Complaint with the court.
Any divorce that involves children is going to be much more complicated than a divorce that does not involve children. Decisions are made regarding both legal and physical custody during child custody hearings. Legal custody refers to which parent can make important decisions for the child, while physical custody refers to which parent the child will live with, and the visitation time they will have with the other parent.
Typically, when one parent is awarded more physical custody, the other parent must pay child support. Child support is legally binding and generally must be paid until the child is 18 years of age and no longer a minor. The courts have a specific formula they follow when determining how much child support should be paid.
If you are going through a divorce, you need the help of a Michigan divorce lawyer by you today. At Iafrate & Salassa, we can advise on all aspects of your divorce and help you navigate the process so you secure the fair settlement you deserve. Call us today or fill out our online form to schedule a free consultation and to learn more about how we can help.