Divorce Lawyers Located in Birmingham, MI
The Law Firm of Victoria, P.C. has Exclusively Represented Women in Michigan for Over 20 Years
Our firm has had decades of experience helping women through divorce proceedings. Whether you are fighting for child custody, ending a long-term marriage, dealing with complications relating to marital property or post-judgment issues, or have an otherwise complex case, our divorce lawyers, located in Birmingham, MI, can help you.
Our firm believes that to truly excel in the practice of law and to provide the best possible representation for our clients, it is crucial to dedicate our focus and efforts exclusively to the area of family law. We provide clients with heartfelt and compassionate counsel and are willing to work tirelessly to ensure you receive a positive outcome.
How Does Divorce Work in Michigan?
Michigan is a no-fault divorce state and the grounds for divorce are provided by statute as follows:
There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
That does not mean that fault is irrelevant and it may be relevant on specific issues including custody, spousal support and property division.
How Is Jurisdiction Determined in Michigan?
Jurisdiction is the power of the court to decide a matter in controversy. In order for a court in the State of Michigan to have jurisdiction to decide your case, you or your husband must have resided in this state for 180 days preceding the filing of the complaint and resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.
How Long Will the Divorce Process Take?
The duration of a divorce case depends upon whether or not the parties have children.
- No Minor Children: If the parties have no minor children together then a final judgment cannot be entered until the expiration of 60 days from the time of the filing of the complaint.
- Minor Children: If the parties have minor children together then a final judgment cannot be entered until the expiration of 6 months from the day the complaint is filed.
These required time periods are a minimum and in some cases, depending on the complexity and the cooperation or non-cooperation of the parties, it can take longer to resolve the case and enter a final judgment.
How Do I Begin the Divorce Process?
A divorce case is started by filing a summons and complaint with the appropriate court and, depending on the circumstances of your situation, various ex parte orders may also be filed.
Does it matter who files first? It may be a good strategy to file for divorce before your husband does in order to protect your rights and prevent your husband from liquidating bank accounts, incurring debt, and removing children from the marital home by filing certain ex parte orders with the court.
Once the summons is issued by the court, the opposing party must be given notice of the pending case. Notice is given by serving the opposing party with the summons and complaint and any ex parte orders that have been signed by the judge. Once the opposing party receives notice of the pending case they have 21 or 28 days, depending on the method of service, to file an answer with the court. If the opposing party does not file an answer they will be in default and may not be able to participate in the court proceedings.
If you are considering a divorce, call our divorce lawyers located in Birmingham, MI. We represent clients from all over, including Oakland, Macomb, Wayne, Washtenaw, Livingston, Monroe, Genesee, Lapeer, and St. Clair counties.