If you are going through a divorce in the Michigan area, then you need to have a lawyer representing your interests. Divorce can be a very messy affair and you do not want to get caught up in it without an objective view. Part of the lawyer’s work is to get you the best deal possible while the other is to advise you on what you are entitled to after your union.
No Fault State
Michigan is a no-fault state. That means that you can file for divorce on grounds that the marriage is no longer working. All you have to do is cite irreconcilable differences meaning that no one is at fault. This is unlike some other states where you would be forced to show beyond the shadow of a doubt that one partner is in error.
The good thing about a no-fault divorce is that you may be able to agree on other aspects as well. You can opt for mediation or out of court settlements where the services for your Michigan divorce attorneys may not run as high as if you had a court case.
Aspects to Consider
There are different aspects to consider in any divorce case. The first is the division of material wealth. This includes houses, property, cars and even debt. Any property that was acquired during the period of the marriage is often considered to belong to both parties. On the other hand, property that one had before marriage or that which is bequeathed by inheritance is not considered as part of the assets to be divided between both parties.
Division of property is largely based on the contribution of each spouse to its purchase, development and maintenance. In the special case of the matrimonial home, the custodial parent may be allowed to continue living there with the children until they are of legal age. Afterwards, the spouses can decide who is to get the home.
Other considerations during a divorce include child custody, child support and alimony payments. The child custody is always determined in the best interest of the child. Additionally, child support is awarded based on the custodial parent and the ability of the non-custodial parent to pay.
Out of Court Settlement
It is possible to have out-of-court settlements. For example, if you and your spouse have agreed on how to divide property, then all you need to do is fill the necessary forms as provided for by the law and have this in writing so that there is no dispute in the future. Even so, it is best to get at least one Michigan divorce attorney to follow through with the process so that nothing slips through the cracks.
The other option is to have a mediator. This is a third party who is non-partisan. Through mediation, you can divide the property and have it in writing so that there is no dispute later on. The same can apply to alimony and other aspects of the divorce that you need to decide on.