Getting a divorce is never easy. Even in amicable divorces, it is a difficult time as each spouse prepares to start a new life and say goodbye to the one he or she had envisioned. These issues are challenging enough. However, there are many aspects of divorce that must be finalized before either spouse can start moving on. These issues sometimes cause conflict and tension, making the process that much harder for those involved. In Michigan, there are some issues that must be resolved in every divorce case. When there are children involved, a divorce can become even more challenging.
Our Royal Oak divorce lawyers can help make the entire process easier. We will work hard so your divorce is resolved as quickly as possible, and so you can start moving on to your next chapter.
Property division is an issue in every single divorce in Royal Oak. This involves the courts dividing any marital property between the couple. Marital property is any property that was obtained by either spouse during the marriage. Separate property is property one spouse obtained separately and brought into the marriage. Determining which assets are marital property and which are separate property is more challenging than it seems, particularly when there are complications such as when a business involved.
Michigan is an equitable distribution state. This means that during a divorce, a judge will divide all marital property fairly, although not necessarily equally.
Not every divorce case in Royal Oak involves spousal support or alimony. However, if one spouse asks for it, a judge will consider awarding it. When doing so, the court will consider the net income of each spouse and the needs of the spouse requesting it. A judge will never order spousal support if it places the spouse paying it in an impoverished situation. Discovery, the process of obtaining information from the other party, is crucial when determining if spousal support is necessary or fair.
When a divorce involves children, a judge will also decide on child custody matters. If the parents can agree on parenting time together and their agreement is fair, a judge will usually accept it. If the parents cannot agree on child custody and visitation matters, a judge will issue a child custody order based on the best interests of the child. They will use several factors when determining what is in the best interests of the child.
Michigan law recognizes that all parents are financially responsible for their children until those children are no longer minors. After divorce, the noncustodial parent is almost always required to pay child support to the custodial parent. This is to help the custodial parent meet the daily needs of the child. Child support calculations are complex, but a judge will use specific child support guidelines to determine how much support is paid.
If you are considering divorce, or currently going through one, you do not have to do it alone. At Iafrate & Salassa, P.C., our Royal Oak divorce lawyers are committed to making the entire process as easy as possible for you. We will negotiate with the other side, use discovery effectively to argue your case, and protect your best interests at all times. Call us or contact us online to learn more about what we can do for you during this difficult time.
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