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Michigan is a no-fault divorce state. This means that under state law, neither spouse needs to claim any particular reason for why the marriage must end. All that needs to be said is that there are irreconcilable differences and that dissolution of marriage is the favored outcome.
With that said, there are certain grounds for divorce that could be used to your benefit in divorce proceedings for things like asset distribution, spousal support (also known as alimony), and more. If there is an example of abandonment, adultery, or domestic abuse, the plaintiff should speak with a divorce attorney right away.
To file for divorce in the state of Michigan, you must have resided in the state for at least 180 days prior to filing. Additionally, you must have resided within the county in which you plan to file for at least ten days. If there are no minor children, Michigan has a 60-day waiting period from the beginning of the divorce case to when the court will finalize it. If there are minor children, the waiting period is 180 days. It may be possible to shorten or waive the longer waiting period in certain circumstances, but it will never be reduced to less than 60 days.
What Types of Divorce Cases Does Our Family Law Firm Handle?
Bailey & Terranova represent several different types of divorce cases. We understand that no two marriages were ever exactly alike, so why should divorces be any more similar? With that in mind, we strive to provide legal representation to a number of different types of clients facing difficult legal issues.
Types of divorce cases we represent include:
- Collaborative divorce.
- Contested divorce.
- Divorce involving an immigrant or non-U.S. citizen.
- Gay and LGBT divorce.
- High-asset divorce.
- Mutual consent divorce.
- No-fault divorce.
- Simplified divorce.
What is the Difference Between a Contested and an Uncontested Divorce?
An uncontested divorce plays out when there is no disagreement on the terms of divorce proceedings. For example, the two spouses would be in agreement on complex matters such as the division of marital property, an alimony settlement, child custody arrangements, child support obligations, and more.
A contested divorce is what transpires if there is any disagreement between either spouses or parents about any and or all terms related to the divorce case. In a contested divorce, division of property may be hotly contested, as may be child custody arrangements, parenting time, spousal support, and more.
An uncontested divorce can easily become a contested divorce and vice versa. All that needs to happen for an uncontested divorce to become contested is if the husband or wife disagrees on at least one of the terms of the divorce. Similarly, a contested divorce could become uncontested if the two spouses are able to negotiate and come to some agreement together.
Uncontested divorces tend to be much cheaper, faster, and easier to resolve than contested divorces. If possible, it should be attempted to pursue an uncontested divorce. However, sometimes that is not feasible, such as in divorces where there are many hurt feelings, there was domestic abuse, or where there are disagreements on marital property division.
Whatever type of divorce you and your soon-to-be ex-spouse are engaged in, our law firm would be proud to represent your legal interests as you seek a satisfactory conclusion to your divorce proceedings.
How Are Assets Divided?
In Michigan divorce cases, family law judges attempt to divide assets in a way that is fair and just. It is important to note that fair does not always mean equal. Michigan is not a 50/50 state. It is possible for one spouse to receive more assets than the other in a divorce case.
Our law firm represents mothers, fathers, husbands, and wives seeking to protect their assets throughout the divorce proceedings. With our legal representation, we believe that we can help secure your valuable assets and fight for what you deserve.
To learn more about our divorce service, contact our legal team to schedule your initial consultation today.
Are You Seeking an Annulment?
Very few annulments are granted in the state of Michigan because they require that grounds for annulment be proven in a court of law. If the court determines that you have met the burden of proof, they will grant you an annulment.
Grounds for annulments in Michigan may include:
- Bigamy.
- Consent obtained by fraud.
- Consent obtained under duress.
- Foreign law violations.
- Improper ceremony.
- Incapacity due to age.
- Incapacity due to mental condition.
- Incapacity due to physical condition.
- Kinship.
- The inability to freely consent to a marriage.
What is Mediation?
Mediation is an alternative dispute resolution wherein a neutral third party (the mediator) sits in on negotiations between divorcing spouses in order to help them reach common ground and come to an optimal resolution to their divorce case. The mediator is not meant to take either party’s side; rather, they are there to help the divorcing parties work things out together.
It is not uncommon to bring a divorce attorney with you for legal advice throughout mediation. Your divorce lawyers can help remind you of your rights and responsibilities during the process.
Unlike arbitration, where the two parties must trust and abide by the judgment made by the arbitrator, the decisions made in mediation are rendered by the two spouses. Many who file for divorce and cannot come to an agreement on important terms during the proceedings turn to mediation as a means to resolve complicated disputes.
Schedule Your Initial Consultation with Our Law Office Today
If you need a divorce and family lawyer, look no further than Bailey & Terranova, P.C. Our law firm has combined more than nine decades of legal experience in the practice of family law. We can assist you through negotiations, litigation, legal separation, and other issues that may arise during your divorce case.
We proudly offer our legal services as a divorce lawyer for men and women seeking the most optimal outcome to their divorce proceedings. To learn more about our legal services, we encourage you to get in contact with us to schedule your initial case valuation today. You may reach us at 517-236-7187.