- About Us
- Practice Areas
- Family Law
- Criminal Law
- Child Custody FAQs
- Divorce FAQs
People considering divorce are often overwhelmed by the thought of child custody, property division issues, and more. It is true that divorce is sometimes a complicated process, but it does not have to be that way. A St. Clair Shores divorce attorney can help anyone going through a divorce by walking them through the process, and ensuring they do not forfeit their rights even when the most complicated issues arise.
One of the first things you will have to determine is whether you will get an uncontested divorce or a contested divorce. An uncontested divorce is one in which the two people agree to all terms of the case. Uncontested divorces are usually much cheaper and take much less time for the process to be finalized.
If you and your spouse disagree on even one term of the divorce, it then becomes a contested divorce. However, just because someone gets a contested divorce does not mean it has to be bitter or contentious. Alternative dispute resolution methods, such as mediation, can help couples work through their issues in a relatively peaceful manner. Mediation also allows the couple to retain control over the process and not leave all decisions up to a judge.
Regardless of whether you are getting an uncontested or contested divorce, you will have to meet the requirements of the state. Prior to filing for divorce, at least one spouse must have lived in Michigan for at least six months. Individuals that wish to file for divorce first in St. Clair Shores must have lived in Macomb County for at least 10 days before filing.
Michigan also imposes a waiting period on most divorces in the state. When there are no children involved in the divorce, that waiting period is 60 days. If the divorce is going to involve children, the couple must wait at least six months before their divorce can be finalized. An uncontested divorce can be finalized fairly quickly after the waiting period has expired, while contested divorces will take longer, depending on the issues involved.
Michigan is a no-fault divorce state. This means that if you file for divorce, you do not have to prove that your spouse engaged in any marital wrongdoing. You can simply state that there has been a breakdown of the marital relationship and that there is very little chance of you and your spouse reconciling. However, some issues, such as adultery, may affect certain terms of the divorce, such as property division.
Divorce is a difficult process, but it is also a legal one. At Iafrate & Salassa, our St. Clair Shores divorce attorneys are here to help. We will explain all of the terms involved in your divorce, help you navigate the process, and negotiate for a fair settlement that upholds your rights. If you are going through a divorce, call us today or contact us online to schedule a consultation and to learn more about how we can help.