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- Divorce FAQs
Legal issues that involve one’s family are the most stressful, emotional, and difficult issues a person could have to work through. When facing these matters, it is extremely challenging for people to maintain rational objectivity, particularly when children are involved. During these difficult times, it is imperative to work with experienced family law attorneys in Royal Oak, who can help protect your rights and interests. Our family lawyers have the necessary experience to help with a number of family law issues, such as divorce, child custody disputes, post-judgment issues, and more.
Michigan is a no-fault divorce state, which means that at any time, a spouse can file for divorce even if the other party does not agree to it. The spouse filing must only state that the marital relationship has broken down, and there is little chance of reconciliation. However, there are several requirements for divorce, including those pertaining to residency, documents to submit to the court, and how to serve the other spouse with the complaint and summons.
Divorces are sometimes contentious and bitter, but spouses can also sometimes come to an agreement on their own. Regardless of whether you are getting an uncontested or contested divorce, family law attorneys in Royal Oak can ensure you meet the legal requirements and guide you through the process.
Child custody law has changed significantly over the years, and Michigan currently uses the “best interests of the child” standard. Family courts no longer take the gender of the parent into consideration when awarding custody, and generally speaking, it is considered in the best interests of the child to spend time with both parents.
Family courts may also award sole custody to one parent or joint custody to both parents. Barring certain circumstances, such as a history of domestic violence on the part of one parent, if one spouse is awarded sole custody, the courts will generally award the other parent visitation time.
Michigan is an equitable distribution state, which requires that marital property is divided fairly, although not always equally. Many people think that assets are divided 50/50 in a divorce, but in Royal Oak, this is not true. The presumption is that assets will be divided in a fair manner, although a judge may deviate from this presumption. When that is the case, the judge must include the reasons for the deviation in the decree.
When going through a divorce, you will face many legal issues, and unfortunately, the above are just a few of them. At Iafrate & Salassa, P.C., our family law attorneys in Royal Oak can explain the law as it applies to your case, and will always work in your best interests, so you secure the settlement you deserve. If you are going through a divorce, call us today or contact us online to schedule a free initial consultation and to learn more about how our skilled lawyers can help.