Divorce Lawyers in Traverse City, Michigan
In order to file for divorce in Michigan, you must first be a Michigan resident. To meet Michigan residency requirements, you must have lived in Michigan for at least 180 days before filing for divorce. Michigan is a “no fault” divorce state, meaning that unlike other states where individuals can file for divorce on the basis of abandonment, cruel treatment, infidelity and the like, Michigan has no such grounds. Divorces in Michigan are filed on a no-fault basis and the only thing required is that you state that there has been an irretrievable breakdown of the marriage and that there is no likelihood that the marriage can be saved. In order to file for divorce, one party submits a complaint to the court. Paperwork must be formally served to the other party. There are several ways the divorce can proceed from here. If both parties can agree to the terms of the divorce outside of court, with the assistance of their lawyers, they can submit paperwork for an uncontested divorce, and the proceedings can often move along more quickly through the courts. But if one party contests aspects of the divorce settlement—say, disagrees about division of property or custody matters—the case may need to go to court. There are benefits to settling your divorce outside of court with the assistance of your divorce lawyer. One of the benefits is privacy, and the other benefit is that you won’t leave aspects of your financial life, or family life (regarding child custody) up to a judge to decide. The divorce lawyers at the Neumann Law Group in Traverse City, Michigan work with individuals who wish to file for divorce. We can help you understand your rights, understand your options under the law, and help you negotiate a divorce settlement that works for you. Have questions? Reach out to the family law attorneys at the Neumann Law Group in Traverse City, Michigan today.What Issues Can Arise During Divorce?
During a divorce several issues need to be settled either outside of court, or through litigation. What are these issues? Let’s take a closer look:
- Division of debts.
- Division of property.
- Division of assets.
- Child custody.
- Determining whether alimony should be paid.
Michigan law doesn’t provide specific guidelines for how property or debts should be divided, only that the division of property be reasonable and fair. What might be fair and reasonable to one person may not be reasonable nor fair to another. This where each party having a family lawyer on his or her side can make a difference. Alimony is generally paid when one person in the marriage makes more money than the other. Generally alimony is determined based on how long the couple has been married, and after considering the contributions and sacrifices each spouse has made in the marriage. Child custody is another matter that also must be considered during a divorce. Parents are generally encouraged to settle child custody matters outside of court with the assistance of their family law attorneys, but if these cases need to be taken to court, the judge will generally make a determination of where the child will live based on the best interests of the child. Because these standards are generally broad, families often see better resolutions when both parents work together to reach a child custody agreement.
Divorce doesn’t always have to be contentious. In many cases, former spouses are able to resolve their differences outside of court and reach a divorce settlement that both parties can agree to. Have questions about what steps you should take next if you are thinking of filing for divorce? Reach out to the divorce lawyers at the Neumann Law Group in Traverse City, Michigan today. You don’t need to navigate the complexities of filing for divorce on your own. In fact, to preserve your rights, the courts generally recommend that divorcing individuals seek the advice of a divorce attorney before filing divorce paperwork.