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If you are unhappy in your marriage and you have tried and failed to repair the problems between you and your spouse, consider filing for divorce. Through a divorce, you can work with the court to legally end your marriage and create a settlement that provides both you and your spouse with a fair share of your marital assets and if you have children, a legal and physical custody agreement for their care.
In Michigan, you must have been a resident of the state for at least 180 days to be able to file for divorce. Divorces are filed with the circuit court of the county where the filing spouse resides, though they can be filed with the circuit court where the other resides if this is different. To file for divorce, you must have been a resident of your county for at least 10 days.
Before you file for divorce, speak with an experienced divorce lawyer to educate yourself about the divorce process and what you should expect from it. He or she will walk you through the process and help you determine the best way to proceed.
There are many different issues that can drive a couple to file for divorce. Often, these issues are rooted in an inability to communicate and solve conflicts effectively. However, there are things that are simply “deal breakers” for some people, such as the following:
Not all reasons for divorce are so grave, though. Sometimes, couples simply cannot overcome their differences of perspective regarding financial matters, lifestyle choices, and how they raise their children. Other times, couples simply realize after years together that they no longer have anything in common and do not enjoy each other’s company.
Every divorce involves the distribution of the couple’s marital assets. In some cases, this process is fairly straightforward because the couple has few assets or agrees about how they will divide the assets beforehand. In other cases, the couple’s property division is complicated because one spouse hid assets or there are many assets that are undocumented or need to be located.
If the couple has children, their children’s custody and child support arrangements also need to be included in their divorce settlement. Physical custody refers to where the child lives and legal custody refers to the right to make decisions on the child’s behalf. Sometimes, couples share both types of custody or one parent has sole legal or physical custody, or even both. In this type of arrangement, the other parent often has parenting time, which was once known as visitation.
If one spouse left the workforce or took on lower paying work during the marriage to focus on the children and the home, that spouse may seek spousal support from the other.
A divorce lawyer can help you with your divorce by advocating for you. He or she can guide you through each step of the process and negotiate with the court on your behalf. Although it is possible to complete the divorce process without a lawyer, it is in your best interest to work with a lawyer who can protect your rights, promote your interests, and handle any obstacles that arise.
If you are considering filing for divorce, first speak with a member of our team of experienced Rochester divorce lawyers at Iafrate & Salassa, P.C. Contact our firm today to set up your initial legal consultation with us. We can answer any questions you have about the divorce process and guide you toward the best solution for you given your unique circumstances.