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Divorce is never easy and as you move through the process, you will face many different issues. You may no longer get along with your spouse, and it is normal to be concerned about the impact the divorce will have on your children. Although these emotional issues may be present during your divorce, you will also have to sort through many legal issues, and it is important to understand the divorce laws in Michigan. When you are going through a divorce, a divorce lawyer in Birmingham will explain the laws that are most pertinent to your case, and help you secure the fair settlement or judgment you deserve.
You may think that your spouse is at fault for your divorce, or vice versa, but in Birmingham, this does not have any relevance when you file for divorce. All divorces in Michigan are considered no-fault, which means fault does not play a role when you file. You can only state that there has been a marital breakdown of the relationship and that there is no chance you and your spouse will reconcile.
While all divorces in Birmingham are considered no-fault, that does not mean that marital wrongdoing will not play any part in your divorce. For example, if your spouse spent marital funds on an extramarital affair, you may receive more in the division of assets to compensate for those missing funds.
You also cannot finalize your divorce case right away. Once you file, you must wait at least 60 days before your case can be finalized, and that is only if you do not have children with your spouse. If you and your spouse do have children together, you will have to wait six months from the date you file to finalize your case.
One of the most contentious issues in any divorce is child custody. No parent wants to lose out on time with their kids just because their marriage ended and so, these battles can become heated quite quickly. The family courts generally presume that it is in the best interests of the child to spend time with both of their parents. A judge will apply a formula to the case to determine what is in the best interests of the child when making child custody decisions.
When a divorce involves children, one or both parents may also have to pay child support. In Birmingham, as throughout the rest of Michigan, each parent is expected to provide financially for their child. Like child custody, a judge will consider many factors when determining which parent must pay child support, and the amount they must pay.
You are not required to work with a divorce lawyer in Birmingham when ending your marriage, but it is important that you do. At Iafrate & Salassa, P.C., our skilled attorneys will advise you of the divorce laws in the state, guide you through the process, and give you the best chance of a favorable outcome. Call us today or contact us online to schedule a free consultation.
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