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The relationships people have with their family are some of the closest relationships, but that does not mean disputes do not arise. When family members have a legal issue, it is typically stressful and emotionally-charged due to the intimate nature of these relationships. It is often very difficult to move forward with a calm and clear head. During these challenging times, it is important to work with a family law lawyer in Birmingham, MI that knows how to protect your rights and your best interests.
The only way to get a divorce in Birmingham, as throughout the rest of Michigan, is to file a no-fault divorce. To file a no-fault divorce, you must only state that the marital relationship is irretrievably broken and that there is little chance of reconciliation. Even though you do not have to prove fault when filing for divorce and in fact, family law judges are not allowed to consider it, you must still meet several requirements. These include residency requirements, certain documents you are required to submit to the court, and how to serve your spouse with divorce papers.
A family law lawyer in Birmingham, MI can advise you of the requirements you must meet to file for divorce. If you and your spouse are able to get an uncontested divorce in which you agree to all the terms, a lawyer can also help you draft the agreement. If you and your spouse do not agree and you are getting a contested divorce, a lawyer can negotiate with the other side and help you obtain the fair settlement you deserve.
The family law courts in Birmingham, MI use the ‘best interests of the child’ standard when making decisions on child custody issues. These factors include the current relationship between the child and each parent, the child’s preference, when appropriate, and the ability for each parent to properly care for the child.
Although there are instances in which a parent is awarded sole custody, these are rare occasions. In most cases, the courts presume it is in the child’s best interests to maintain a relationship with each parent. As such, most child custody arrangements seek to allow the child to spend as equal an amount of time as possible with each parent. In most cases, the parent that spends the least amount of time with the child is also ordered to pay child support.
Child custody is always an issue when two parents get a divorce, but disputes sometimes arise after the divorce is final, too. When that is the case, a family law lawyer in Birmingham, MI can help you modify an existing order.
The above are just two of the family law issues people face every day and when they do, our family law lawyers in Birmingham, MI are here to help them through it. At Iafrate & Salassa, we can help with any family law issue, whether you are going through a divorce or are about to get married and need a premarital agreement. Call us today or contact us online to schedule a free consultation and to learn more about how we can help.