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Divorce is one of the most difficult things a person, and the entire family involved, will ever go through. It becomes even more challenging when individuals have to navigate the complex legal process at the same time. The more amicable a couple can be when dissolving their marriage, the easier and faster the divorce process is for everyone. Unfortunately, this is not always the case. Even divorces that start off fairly friendly can quickly become contentious as certain terms and issues are discussed.
It is for these reasons that anyone considering divorce should speak to a divorce lawyer in Royal Oak. A lawyer will listen to your story, answer any question you have, and discuss the legal process, as well as your options. Below are a few of the terms a divorce lawyer will discuss with you when entering into this difficult process.
When children are involved in a divorce, a Royal Oak judge will make decisions about child custody based on what is in the child’s best interests. Although a judge will attempt to give each spouse equal parenting time, the child will still typically live primarily with one parent and have visitation time with the other spouse. Sometimes, such as in cases of domestic violence, visitation time is not possible for one parent.
The Michigan courts also recognize that each parent is responsible for financially providing for the children. It is assumed that the parent living primarily with the child will provide for daily expenses, clothing, food, and other needs of the child. The parent awarded visitation time, on the other hand, is usually responsible for making child support payments to the custodial parent.
Other than child custody and support, property division is typically the most contentious term of divorce. In Royal Oak, as throughout the rest of Michigan, each spouse has a right to marital property. Marital property includes assets that were acquired during the marriage.
The courts in Royal Oak divide marital property according to what is fair, although that does not always necessarily mean they will divide the property equally. When determining how to divide property equitably, the court will consider a number of factors including any accusations of fault in the marriage. For example, if one spouse committed adultery and spent marital funds on the affair, the court may award the other spouse more in property division to make up for those assets spent outside of the marriage.
Going through a divorce is an extremely difficult process. You need someone that will listen to you, and advise you on the best legal action to take. At Iafrate & Salassa, our divorce lawyers in Royal Oak are here to help. Our attorneys will ensure your rights are upheld and will negotiate effectively with the other side to finalize a settlement that is fair to you. If you are going through a divorce, call us today or contact us online to schedule a free consultation with one of our attorneys.