Birmingham Divorce Attorney

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.

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.

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.

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.

Understanding the Emotional Aspects of Divorce

Divorce is not just a legal process; it is also an emotional journey that can significantly impact you and your family. At The Law Firm of Victoria, P.C., we recognize that navigating the emotional landscape during a divorce is just as important as understanding the legal implications. Our compassionate team is here to support you through this challenging time.

Here are some ways we can help you manage the emotional aspects of divorce:

• Personalized Support: We offer tailored consultations to address your specific concerns and emotional needs, ensuring you feel heard and understood.
• Access to Resources: We can connect you with counseling services and support groups to help you cope with the emotional stress of divorce.
• Child-Centered Focus: If children are involved, we prioritize their well-being by helping you navigate co-parenting arrangements that foster healthy relationships.
• Empowerment through Knowledge: Understanding the divorce process can alleviate anxiety. We provide clear explanations and guidance every step of the way.
• Long-Term Planning: We assist you in planning for your future, including financial considerations and potential life changes post-divorce.

With our experienced team by your side, you can approach the divorce process with confidence, knowing that your emotional well-being is a priority. Let us help you turn this challenging chapter into an opportunity for a brighter future.