Birmingham Divorce Attorney

Trusted Family Law Advocacy in Oakland County for 25+ Years

The Law Firm of Victoria has decades of legal experience helping clients through divorce and family law matters in Birmingham, Michigan.

Whether you are ending a long-term marriage, dealing with complications relating to marital property or post-judgment issues, are fighting for child custody or child support, or have an otherwise complex case, The Law Firm of Victoria can help you.

Our Birmingham divorce lawyers aim to help people achieve the custody arrangements necessary, emotional peace of intellect, and financial security to successfully rebuild and renew their lives following a divorce.

Call Birmingham's divorce and family law attorneys today and discuss your divorce case.

sad woman facing divorce

Our law firm believes that in order to truly excel in the practice of law and provide the best possible legal representation for our clients, it is crucial to dedicate our focus exclusively to family law. 

Our Michigan family law lawyers provide clients with heartfelt and compassionate counsel and work tirelessly to ensure you receive the positive outcome you seek.

Consultations with an experienced Birmingham divorce lawyer are available in-person and by phone for FREE, so please don’t hesitate to reach out to our team at (248) 780-1775

Consultations with a divorce attorney in Birmingham, MI, are available in-person and by phone for FREE, so please don’t hesitate to reach out to our legal team at (248) 780-1775. Our law office proudly supports residents throughout Michigan and offers our experience and insights to help you get through your divorce

Contact Our Law Offices and Schedule Your Initial Consultation!

How Does Divorce Work in Michigan?

The first step in filing for divorce in Michigan is to file a Complaint for Divorce. 

You must file a complaint in the family division of the circuit court in the county where either spouse lives. The complaint must allege that the marriage has broken down, and there is no reasonable likelihood that anyone can preserve the marriage.

The defendant has 21 days to answer the complaint if served personally and 28 days if served by certified mail or other means. Suppose the defendant does not respond to the initial divorce summons. In that case, the court will still establish divorce proceedings based on the documentation of the spouse requesting divorce.

Is Michigan a No-fault Divorce State?

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 object of matrimony has been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
  • However, fault is not irrelevant and may be relevant to specific issues including child custody, spousal support, and property division.
  • The best interests of the children are always an important consideration in any divorce.

Does It Matter Who Files for Divorce First in Michigan?

No, who files for divorce first in Michigan does not matter from a legal perspective.

However, there are some procedural advantages to filing first, such as jurisdiction, which is generally determined based on the order of filing if a spouse files for divorce in multiple counties or states.

The initiating party can also request various orders from the court before your spouse is notified of the divorce proceedings, called “Ex Parte.” These orders require financials, marital estate, and jurisdiction over children to remain status quo before the filing.

How Is Jurisdiction Determined in Michigan?

Jurisdiction is the power of the court to decide a matter of controversy. In order for a court in the State of Michigan to have jurisdiction to decide your divorce case, you or your spouse must have resided in the state for 180 days and the country for 10 days preceding the filing of the complaint. 

Our family law attorney from The Law Firm of Victoria will answer any concerns you may have regarding establishing residency in Birmingham, MI.

How Long Will the Divorce Process Take in Michigan?

The duration of a divorce case depends upon whether or not the parties have children.

  • No Minor Children: If the parties share no minor children, a final judgment cannot be entered until the expiration of 60 days from the time of the filing of the complaint. However, it may take 4-6 months. 
  • Minor Children: If the parties share minor children, a final judgment cannot be entered until the expiration of 6 months from the day the complaint is filed and must be completed within 1 year. 

These required time periods are a minimum. However, depending on the complexity and the cooperation or non-cooperation of the parties, it can take longer to resolve the divorce case and enter a final judgment. 

Our divorce attorney can give you a more accurate timetable regarding how long your own divorce would take.

Understanding Property Division in Michigan Divorce Cases

When going through a divorce in Michigan, one of the key issues that needs to be addressed is the division of marital property. Michigan follows the principle of equitable distribution, which means that marital property is divided fairly, but not necessarily equally, between the spouses. Our experienced Birmingham divorce attorney can help guide you through the property division process and ensure that your rights and interests are protected.

Key points to consider when it comes to property division in Michigan divorce cases:

  • Identifying marital vs. separate property
  • Valuing and dividing assets such as real estate, retirement accounts, and investments
  • Addressing debts and liabilities accumulated during the marriage
  • Considering factors such as the length of the marriage, each spouse's contributions, and the needs of any children involved

With our expertise in Michigan divorce law, we can provide personalized legal representation to help you achieve a fair and equitable division of marital property. Contact our divorce lawyer in Birmingham, MI, to schedule your consultation and get the guidance you need during this challenging time.

Consultations with a Birmingham divorce lawyer are available in-person and by phone for FREE, so please don’t hesitate to reach out to our team at (248) 780-1775

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How Do I Begin the Divorce Process?

A divorce case starts once you file a summons and complaint with the appropriate court. Depending on the circumstances of your situation, various documents may also be filed.

Does it matter who files first in mICHIGAN?

It may be a good strategy to file for divorce first. This can protect your rights and prevent your spouse from liquidating bank accounts, incurring debt, and removing children from the marital home by filing certain ex parte orders with the court.

Once a summons is issued by the Michigan court, the opposing party must be given notice of the pending divorce 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 Michigan 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 divorce proceedings.

Working with a divorce attorney from The Law Firm of Victoria means you will have experienced and dedicated legal representation. Your divorce attorney will recommend putting in place any strategies that will yield the optimal results for you. 

Schedule an Initial Consultation With a Divorce Lawyer Serving Birmingham, MI.

How Our Birmingham Lawyers Can Help with The Divorce Process

Divorce is a sensitive matter and when you are ready to put an end to a relationship that is causing you so much grief, you want someone who can guide you through this difficult stage with expertise, confidence, and discretion.

A wide list of sensitive matters will be discussed, such as property division, support from your spouse, and/or child custody and support. These are not topics that should be handled without serious thought, because their resolution will have an effect on you and your children’s life. 

Choosing a divorce lawyer from The Law Firm of Victoria means you have someone who will make you feel comfortable, someone in whom you can confide the most delicate aspects of a marriage. 

Trust and comfort are the glue that holds your relationship with your attorney together. You should aim to work with someone you trust and whom you feel comfortable with. That is what our lawyers offer at The Law Firm of Victoria. 

Call Our Law Offices Today to Get a Free Initial Consultation - (248) 780-1775

Hire our birmingham Divorce Law Firm Today!

At The Law Firm of Victoria, P.C., our experienced divorce lawyers serving Birmingham, Michigan, are committed to protecting our clients' rights throughout the Oakland County area, and our lawyers can answer your questions today.

Get in touch with us to learn more about filing for divorce and seeking support from your ex-spouse.

At The Law Firm of Victoria, P.C, we’ve helped over 15,000 people navigate the legal issues of divorce. Whether you are facing an acrimonious or an amicable divorce, our Birmingham lawyers are here to help. Let us guide you through the divorce process. To schedule a consultation now, call (248) 780-1775.     
Consultations are available in-person and by phone for FREE.

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