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When a legal issue arises within a family, it is extremely difficult. Whether it is a divorce, a child custody dispute, or a matter involving property division, these disputes are extremely emotional. It often becomes difficult for the parties involved to keep a calm and clear head so they can make important decisions that may affect them for years to come. A family law lawyer near you can help you navigate the family legal system and will ensure that your rights are protected at all times.
Michigan is one of many states that have enacted no-fault divorce laws. This means that when someone wants to get a divorce, they can, regardless of whether the other party agrees to it. To file for divorce, you must only state that there has been an irretrievable breakdown of the marital relationship. You must also meet the state’s requirements before filing for divorce, which include submitting certain documents to the court, serving your spouse properly with divorce papers, and residing in the state and county for a certain period of time.
Not every divorce results in a long and bitter courtroom battle, although it is true that some do. A family law lawyer near you will make sure you can legally file for divorce in Michigan, and help you navigate the process.
Marital property, which includes assets and debts acquired by the couple during the marriage, is divided fairly in a Michigan divorce, although not necessarily equally. Judges must try to divide marital assets in a fair manner and when they cannot do so, they must provide a valid reason. Generally speaking, property division orders are not eligible for modification, but issues may arise once the divorce case is final, as well. For example, if one spouse was ordered to pay a certain debt and they did not, the other spouse can petition the court to enforce the order if creditors are starting to come after them for the debt.
Divorces that involve children are some of the most difficult. The Michigan family courts take specific factors into consideration when making child custody decisions, and they are all in the best interests of the child. In the majority of cases, judges try to ensure children can spend sufficient time with both parents after a divorce. Even after a divorce case is finalized, child custody modifications are sometimes necessary. It is important to work with a family law lawyer near you that can advise on the possible reasons for a modification, and help you obtain one, when necessary.
There are many legal issues a family may face and if you have a dispute, our family law lawyers near you can help. At Iafrate & Salassa, P.C., our family lawyers can advise on the laws that apply to your case and uphold your rights so you claim a fair settlement. Call us today or contact us online to schedule a free consultation.
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