When legal issues arise within a family unit, it is emotional, stressful, and difficult for everyone involved. Disputes among family members can make it harder for people to think rationally. This is particularly true when a conflict involves children. A Royal Oak family law lawyer can help individuals resolve these disputes while protecting their rights and interests. A family law lawyer can help resolve disputes involving child custody and support, alimony, divorce, post judgment modifications, and more.
All divorce cases in Royal Oak, and throughout Michigan, are considered no-fault. To file for divorce, one spouse only has to meet the requirements and file a petition with the appropriate court. To qualify for divorce, either spouse must have lived in the state for 180 days. Within the petition, the filing spouse must only state that the marital relationship is broken and that there is no chance of reconciling. After filing the petition, the other spouse must then be served. A Royal Oak family law lawyer can assist with this process so it is done properly, and the divorce can proceed.
If a couple disagrees on any term of the divorce, it becomes a contested case. On the other hand, if the couple can agree to every term without the need for mediation or litigation, it is considered an uncontested case. Uncontested divorces are much quicker and cheaper, but it is still important to work with an attorney.
The law on child custody has changed drastically over the years but today, family law courts only use the “best interests of the child” standard. Under this standard, there are 12 factors a judge will consider when making decisions on child custody. These factors include the ability of each parent to care for the child, the relationship the child has with each parent, and more.
A judge will award both legal and physical custody. Legal custody is the ability of one or both parents to make decisions for the child pertaining to their education, medical treatment, and more. Physical custody pertains to where the child will live the majority of the time. Judges will usually try to award joint physical and legal custody, but they may deviate from this when necessary.
The orders issued during a divorce case are final and legally binding. However, there are instances in which they can be modified once the case is final. For example, if one spouse is paying alimony and suddenly loses their job, they can petition the court to modify the amount paid, or to terminate the order. A Royal Oak family law lawyer can help you through this process.
Family legal disputes are incredibly difficult, but our Royal Oak family law lawyer at Iafrate & Salassa, P.C. can make them easier. Call us today or contact us online to schedule a free consultation and to obtain the legal advice you need.
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