Oakland County Divorce Attorney
What’s the Next Step?
Going through a divorce is always tough, no matter how cooperative couples
try to be. When going through the painful process of divorce, you need
to find an attorney that you feel comfortable with ꟷ someone who listens
to your concerns and understands your needs. To achieve a successful result,
it is imperative to find an attorney you can comfortably work with. The
last thing you need is a lawyer who yells or belittles you. At Lady4Justice
PLLC, our clients’ needs are paramount.
Our Oakland County divorce attorney has a background in communication,
with extensive experience in representing clients with care and attention
to detail. Every member of our staff is trained to focus on our clients'
needs. We listen to your concerns and map out a strategy to meet those
needs, keeping you informed every step of the way. While we never recommend
the courtroom as a place to work out emotional concerns, we are mindful
that emotions do run high at a time when critical decisions are being
made, and help our clients stay focused on their goals.
To schedule a free consultation, call
(248) 773-3317 or
send us a message.
Divorce Laws in Michigan
Divorce laws can vary depending on the state in which you live. These laws
determine aspects of a divorce case such as grounds for divorce, property
division, and more.
Michigan is a no-fault divorce state. Therefore, couples who are divorcing
in the state do not need to cite a specific reason for doing so. Instead,
a couple can divorce based only on the assertion that their relationship
has eroded past the point of reconciliation. However, a person can cite
fault (either because of adultery, abuse, abandonment, or another reason)
when negotiating property division or child custody.
In Michigan, a couple’s property is defined as either “separate”
property or “marital” property. Separate property is anything
that was owned by either spouse before their marriage, and will generally
be granted to that spouse in divorce. Marital property, which includes
anything obtained after the couple married, will be divided equitably.
A property division plan that is considered equitable will depend on each
spouse’s financial situation, fault for the divorce, and other factors.
Our divorce lawyer in Oakland County can answer any questions you have
about Michigan’s divorce laws.
Contact us today!
Your Divorce Options
Once a couple decides to divorce, they need to make a second decision which
is just as important: How they will divorce. This will depend in large
part on how serious the differences between them are, and other factors
involving children and property. The legal system offers a variety of
options for couples to choose from, starting with a do-it-yourself divorce
all the way to a full trial.
Especially with the incredible amount of information available on the internet,
it is possible for couples to do their own divorce without any attorney
involvement. Usually this involves couples with no children and no assets.
This can be a time-consuming and difficult process, but if the couple
lacks funds to hire a lawyer, it may be their only choice. When settlement
is reached they file at the courthouse and the divorce is done.
In most cases, however, especially where children, spousal support, or
property is involved, legal representation is needed from an experienced
divorce lawyer. Once a couple determines that they need legal representation
they move to the next step: Choosing which of a variety of methods they will use.
A list of divorce options is below. Read on to learn more about the different
types of divorce cases:
Kitchen Table Divorce
Sit down with your spouse on a Saturday morning, make a pot of coffee,
and work out an arrangement to divide your earthly goods: Accounts, photographs,
art objects, firearms, exercise equipment ꟷ everything must go!
One Lawyer Divorce
In a one lawyer divorce, couples who are able to communicate effectively
can agree to use one party's lawyer to write up their agreements. This
can be a way to save time and money. It greatly cuts down on the cost
and stress of litigation.
collaborative divorce process, the separating couple and their lawyers sign a written agreement
to work together at resolving the issues without court involvement.
Cooperative divorce is a process of handling divorce which is settlement-based but leaves
open the possibility of litigation if ꟷ and only if ꟷ absolutely necessary.
mediation, the couple hires a trained, impartial person to help them resolve specific
disputes relating to their divorce. Because the mediator is also an attorney,
they have knowledge of the legal requirements of working out a valid settlement.
The mediator acts as a guide, encouraging communication between the parties
and writing down agreements reached.
Binding Arbitration Divorce
In arbitration, both parties agree to let a third person, usually an attorney,
decide the issues on which they cannot agree. These issues may include
child custody, child support, spousal support, parenting time, and property division.
Attorney Negotiated Settlement
This is currently the most common method of divorce. Each side hires an
attorney, one of them files the complaint, and the other answers. Then
the attorneys begin the discovery process (i.e., finding out about the
couple's assets as well as custody and support issues).
Litigation is when a case goes to the courts. In a trial, each spouse's
attorney argues their client's position on the disputed issues. Witnesses,
including family members or friends, may be called, and experts may be
brought in by each side to give opinions on child custody arrangements
or to value property.
Contact Us to Learn More
If you are unsure about how to proceed with your divorce case or are in
need of representation, contact Lady4Justice PLLC today. We can assist
you with every aspect of your divorce case. Call to get started!
contact form or call
(248) 773-3317 to schedule a free consultation with our Oakland County divorce lawyer.