Divorce: When Enough Is Enough
Lifelong love is certainly ideal, but not all marriages last forever. Divorce can help you change your life for the better. However, getting a divorce can have a large legal and emotional impact on your life. Strict legal requirements cover every part of the divorce process, from choosing what kind of legal separation you’ll use, where and when to file for divorce, how to divide property, and issues about children. These rules can make divorce confusing and scary without help from a qualified attorney. In this section, we’ll explain what divorce is, how the process works, and how a divorce attorney in Detroit, Michigan can help make this process as smooth for you as possible.
The Divorce Process Explained:
First, Are There Alternatives To Divorce?
Separation and Annulment
Believe it or not, you can end your marriage without getting a divorce, and it may make sense to consider these options given your circumstances. Divorce alternatives include legal separations and annulments. Legal separation allows couples to make decisions about supporting and visiting their children without legally ending the marriage. However, legal separation is not a method approved by the Detroit divorce court. An annulment is when you state the marriage was never valid, to begin with, for reasons including getting tricked into marriage or being too young to get married. It has the same effects as a divorce.
How Do You File For Divorce?
You must first decide whether to file for divorce and establish grounds for divorce. You can then consider filing for a summary divorce, which can speed up the process. After this, you’ll file and serve the divorce petition to your spouse. You’ll then have to make an agreement (settlement) with your spouse about dividing marital property, custody of children, and economic support of your soon-to-be ex-spouse if needed.
You’ll then go to a divorce court where they’ll make a decision on how you’ll split up property, and help arrange a settlement if needed. Assuming everything is in order and no complications arise, your case will then be approved. The divorce process is very overwhelming, but a qualified attorney in Detroit can help you seamlessly navigate the process to help end the relationship while protecting your finances and emotional well-being.
Do I Need to Hire a Divorce Attorney?
After deciding to divorce your spouse, we strongly recommend you hire a divorce attorney to guide you through the process. Although a divorce attorney isn’t necessary for every case, a good attorney is essential in navigating the complex divorce laws. Hiring a qualified Detroit divorce attorney also ensures that an expert will advocate on your behalf to minimize, or remove, potential grievances divorce can cause you.
Do I Need a Good Reason To Get a Divorce?
In some states, spouses must give justification for divorce. However, Michigan offers a “no-fault” divorce, where the court will process divorce without either spouse having to prove the other hurt the marriage. Instead, you may simply tell the court that the marriage has broken down and cannot be repaired. This “no-fault divorce” can also be granted whether or not the other spouse agrees.
How Is Property Divided After Divorce?
In Michigan, the court can divide ownership of marital property (property purchased during the marriage) equitably. However, the divorce court generally accepts property divisions created by the couple seeking a divorce.
Which Forms Do I Need To Fill Our To File For Divorce?
You’ll need to fill out several forms to actually finalize the divorce. The reason for this is both because of policy and practicality. From a practical standpoint, separating from your spouse involves a tremendous amount of work — such as determining living arrangements, child custody, and property divisions. From a legal standpoint, the law promotes marriage, so severing a marital union requires following legal procedures.
How Does Alimony and Spousal Support Work After Divorce?
Alimony and spousal support are interchangeable. These terms both refer to agreements for monthly payments made to an ex-spouse after a divorce to lessen the negative financial impact a divorce can have. They’re typically made to the spouse who the court views as more financially vulnerable and thus more financially weakened by the divorce. The specific agreements and amounts of monthly payments depend on factors including, incomes and property, earning abilities, and whether children and child support are involved.
Will I Need to Go To Divorce court?
You will need to go on divorce trial with your spouse. The court will discuss your reasoning for filing, ask you a series of detailed questions about your finances, relationship with your spouse, your children, and your plans for splitting marital property. The court will approve your divorce once it has ensured and ratified the settlement of your children, alimony, and marital property.
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