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It is no secret that divorce is an extremely difficult process for everyone involved. Still, even when people are sure that they want to end their marriage, they do not fully understand the process in St. Clair Shores. If you are going through a divorce, or you have only just started to think about it, it is important to work with a lawyer that will protect and uphold your rights. Our divorce lawyer in St. Clair Shores will advise on the laws that apply to your case, and help you navigate the process.
One of the main reasons people put off getting a divorce, even when they know their marriage is over, is because they want to avoid a long and costly courtroom battle. Fortunately, the vast majority of divorce cases in St. Clair Shores settle out of court. When a couple can reach an agreement on their own about every term of the divorce, including property division and child support, it is considered an uncontested divorce. Uncontested divorces are fairly affordable and proceed relatively quickly.
Contested divorces, on the other hand, occur when a couple does not agree on every issue. If a divorce case involves even one dispute, it becomes a contested divorce. Still, even a contested divorce can be settled outside of court using methods such as collaborative law and mediation.
All divorce cases in St. Clair Shores are considered no-fault. This means that to file for divorce, one party must only state that there has been an irretrievable breakdown of the relationship. The other party does not have to agree to the divorce, and the spouse filing for divorce does not need to prove grounds of fault, such as adultery.
The no-fault laws of the state do not necessarily mean fault will not play a role in your divorce, though. For example, if your spouse has a history of domestic violence, that may play a part in child custody hearings. Or, if your spouse spent a significant amount of marital funds on an affair, you may also be awarded more in property division hearings.
Even when filing a no-fault divorce, it does not mean the case will proceed right away. If you and your spouse do not have children, you must wait 60 days before the court will grant you a divorce. If you and your spouse do have children, the waiting period to get a divorce is extended to six months, so they can try to reconcile and protect the children from the process.
If you are considering divorce, our divorce lawyer in St. Clair Shores can help you through the process. At Iafrate & Salassa, P.C., our skilled attorney will advise on all aspects of your case and ensure your rights are upheld at all times. Call us today or contact us online to schedule a free consultation so we can get started on your case.