The rate of divorce has increased over the years, and much of it has to do with social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage in Oakland any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
At North Oakland Family Law and Mediation PLC,, our divorce lawyer knows you have questions. We help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce alone. Get answers to your questions by contacting us online or at (248) 608-4123 to schedule a consultation.
Uncontested and Contested Oakland Divorces
The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. Sometimes mediation or another alternative dispute resolution processes may be used to help them come to that agreement.
Common Grounds for Divorce
In Michigan, you do not have to show fault in order to get a divorce. Michigan is considered a no-fault divorce state. There are, however, some divorces where one spouse must or prefers––for strategic reasons––to show fault.
When a marriage is deemed irretrievably broken or a spouse claims there are irreconcilable differences, a no-fault divorce may be sought. An irretrievably broken marriage simply means at least one member of the couple the couple is unable or refuses to cohabit, and feels there are no prospects for reconciliation. Michigan does not require that the parties undergo a period of separation before filing for divorce.
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property which is property that falls into one of a few distinct categorries.
Types of marital property include:
- Real estate
- Bank accounts
- Investment property
- Vehicles, boats
- Retirement accounts
Michigan is an equitable distribution state where assets are divided fairly and not necessarily equally.
Spousal Support in Michigan
Spousal support, also commonly referred to as alimony, is still alive and well in Michigan. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to alimony or the court can order it. Decisions about alimony are made based on many factors, but the more common factors include:
- Health (physical, mental, emotional)
- Potential to earn
- Standard of living during the marriage
- Length of the marriage
- Difference between earning capacities
Child Custody in Michigan
Child custody is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on what is in the child's best interest.
Child Support in Michigan
Both parents are required to provide financial support for their children. Child support is ordered in essentially ever case where there are children in Michigan unless waived by the parties regardless of whether the parents have equal parenting time or joint custody of the child.
Contact a Divorce Attorney in Michigan Today
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact us online or call us directly at (248) 608-4123 to schedule a consultation.