DIVORCE LAW

Divorce Lawyers In Farmington Hills MI

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Our firm has decades of experience helping individuals like you through divorce and family law matters. Whether you are fighting for child custody, ending a long-term marriage, dealing with complications relating to any marital property or post-judgment issues, our Farmington Hills divorce, and family lawyer team can help you.

Your emotions are elevated when you are starting a divorce, or family law case. Traditional lawyers take advantage of your vulnerabilities and tell you what you want to hear. At Ash & Ash Legal Group we understand your emotional weaknesses, but rather than exploit them we want to earn your trust. 

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 to 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 spouse 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 unless the parties and the Judge waive the waiting period.
These required time periods are a minimum and, in some cases, depending on the complexity and the cooperation or lack of cooperation of a party(s), 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. The party who files may request Ex Parte Order(s) which request that finances, custody, parenting time, etc. remain the same during the case. The Orders require a 14-day time period to object and the court will hear all objections. Obtaining an attorney to object within the 14-day time period may be critical to your case.

Does it matter who files first?

In certain cases, you may gain a strategic advantage to be the first to file for divorce. It is important to discuss this issue with a qualified professional.

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For some, divorce is a promise of a better future, and for others, it is something to fear. Whatever your perception of it is, you are not alone. Every year, many couples in the United States go through the divorce process and struggle to get the results they want.

The process doesn’t always come with a favorable outcome. To improve your chances of a speedy resolution, you should work with a divorce lawyer in Farmington Hills, MI. Ash & Ash Legal Group has years of experience working with Michiganders to resolve divorces.

What You Should Know About Divorce Law in Michigan

Whether you’re contemplating divorce or you’ve already started the process, there are a few things you should know about divorce in Michigan.

How to Get Started

The first thing you need to do is file a grievance. As a no-fault divorce state, you do not need to prove fault to get a divorce. All you need to do is file and then wait for the waiting period to pass.

While you wait, your lawyer will be busy. They will look at your financial details and other facts regarding your case. You and your partner will ultimately need to agree upon the terms of your divorce. If a mutual agreement is not reached, the situation will need to be resolved in court.

How Custody is Determined

When it comes to their children, people tend to let their emotions get the better of them. No one wants to lose time with their child. So, it should come as no surprise that one of the most emotionally-charged aspects of a divorce is custody.

If you and your spouse cannot come up with a parenting plan, the issue is left to the court. They will decide how much time each parent gets with the children. Although when appropriate the court tries to give each parent equal time, the split usually is not 50/50 in most scenarios.

To determine custody, a family court judge will consider the following details:

  • Emotional ties between each parent and the child
  • Ability of each parent to give the child love and guidance
  • Ability to provide the child with financial resources
  • Length of time a child has been in a stable and familiar environment
  • Moral characteristics of each parent
  • Which parent is most involved with the child’s education
  • Whether or not a parent is willing to work together with the other party
  • Preference of the child (within reason)

Asset Distribution

Another important detail of a divorce is the distribution of assets. In Michigan, there is no community property law. All assets and debt obtained during the marriage are marital property. However, assets and debt from a former marriage should not be considered.

The marital property is often divided evenly. But non-marital property remains in the hands of the original owner. Although Michigan relies on fair equitable distribution of property, the split is not down the middle.

You and your spouse may be able to agree upon the distribution of assets. If this is the case, you will not need to rely on a judge to do so. The court may not distribute your assets in a way that you want.

Typically, the court looks at the following details when deciding how to divide assets:\

  • How each party contributed to the marital home
  • Length of the marriage
  • Age of each spouse
  • Health of each spouse
  • Financial needs and other factors for each spouse

Shocking Divorce Statistics

In 2017, there were 3,404 divorces in Oakland County. Every year, couples in Farmington Hills question whether or not they need a divorce. About 11.4% of the population old enough to legally marry is divorced.

But Farmington Hills isn’t the only place in Michigan with a high divorce rate. Couples in Michigan have a divorce rate of about 50.5% and the median length of a marriage is only about 10 years.

Perhaps more shocking than the high rate of divorce is the fact that divorce can cost you thousands of dollars. If you’re not careful, your spouse could end up with more money than they deserve. They could receive a disproportionately high settlement and get your home, your bank account, and your investments.

Although an attorney costs money, a great attorney can ultimately save you money. With experienced legal representation, you can prevent a negative outcome.

Farmington Hills Divorce FAQ

The divorce process is often complex. To ease your mind about the process, review this divorce FAQ.

Do I Have to Go to Trial?

While some couples need to go to trial to finalize their divorce, others do not. The outcome depends on whether or not they can agree on all of the aspects of the divorce. This includes child custody, child support, alimony, and asset division.

How Can I Get Alimony?

Alimony, also known as spousal support, is a way for you to get money from your spouse. The money is awarded if the requesting spouse has a financial need and the other spouse can afford the payments.

There are several types of spousal support. In Michigan, you could receive temporary, permanent, periodic, or lump-sum payments. The type of alimony and the amount you receive depends on your circumstances. There’s no guarantee you will receive alimony; you may need to fight for it.

How Long Will the Divorce Take?

The length of divorce cases vary. If you have a simple divorce that does not involve children, then it may only take a few weeks, however, many divorces are much more complex. If you have children involved or have any disagreements regarding asset division, your case will take longer.

Cases that go to trial could take years to resolve. However, this isn’t always the situation. You should speak with an attorney to get an estimate on the length of your case.

Do I Need a Divorce Lawyer in Farmington Hills, MI?

You aren’t required to work with a lawyer to make your divorce official. However, it is highly recommended because there’s a lot at stake. If you don’t have extensive experience with divorce and family law in Michigan, you’re not equipped to deal with the complexities of a divorce on your own.

Working with an experienced family lawyer improves your chances of a positive outcome. In the end, your divorce attorney in Farmington Hills, MI can save you money. If you’re ready to get started, contact Ash & Ash Legal Group today.

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