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Divorce is never an easy process, both from a legal perspective and an emotional one. There are also the financial aspects to consider, for both each of the spouses and for any children involved. Even where the separation is amicable, it helps to have a family law attorney involved so that any agreements or judgments are legally binding.
Michigan is a no-fault divorce state. That means that in this area of family law, you do not need any evidence to support filing for divorce other than a belief that the marriage has broken down irrevocably. When there is agreement on all aspects of the process then you have uncontested divorces. But where there is no agreement on things such as spousal support, then you have a contested divorce.
The court will consider any “fault” when considering judgments such as alimony, child custody, and parenting time.
To file for divorce in Birmingham, MI, you must have been resident in the state for 180 days prior to filing. And you must have been resident in the county where you file for 10 days before filing.
The minimum waiting period for a divorce in Michigan is 60 days, except in cases where the case involves children then that period is six months.
Courts in Michigan usually look at child custody as being an equitable arrangement except where are cases that go against the state’s best interest factors. Where there have been elements of domestic abuse, the court may limit custody and access.
There are two types of custody the court will consider. The first is legal custody which involves being able to help make important decisions about your child’s life such as education. The second is physical custody which pertains to where the child will actually live.
When deciding on child support orders, judges see the income of both parents as the most important factor. But they will also look at other related elements such as how long it may take one parent to be financially independent.
Michigan Premier Law firm llc are the leading law firm in Birmingham, Michigan. We have been representing clients for many years now in all family law matters. Our law office covers several practice areas. If you need to discuss any legal matter relating to family law issues, including property division, custody battles, or property division, call for that free appointment now on 248-688-0045.