Many Grandville residents have friends or family members who have gone through a divorce in Michigan, but it is hard to understand just how complicated and often contentious a divorce can be until it affects you personally. At Van Den Heuvel Law Office, we know that the dissolution of a marriage is extremely difficult for everyone involved, including the spouses and their children. By working with an experienced advocate, you can ensure that your voice will be heard. A Grandville divorce attorney can answer your questions about Michigan divorce today.
How does the divorce process work in Michigan? Under Chapter 552 of the Michigan Compiled Laws (MCL), the divorce process begins with the plaintiff filing a complaint for divorce. The complaint for divorce does not have to allege that either party is at fault. Rather, since Michigan is what is known as a “no fault” divorce state, the plaintiff only must state that an irreparable breakdown of the marriage has occurred.
Once the complaint for divorce has been filed, the court will then address many different matters depending on the specific case, including but not limited to:
In the event that you are not happy with a court order for spousal support or child custody, for instance, we can discuss options with you for modification. In short, when a substantial change in circumstances occurs, you can ask the court to modify the order(s).
Under Section 552.401, the court will divide marital property based on a theory of “equitable distribution.” What this means is that, according to the statute, the court will look at all of the property that is owned together by the spouses—excluding “separate property” acquired before the marriage or otherwise—and will then distribute it in a manner that “appears to the court to be equitable under all the circumstances of the case.”
A Grandville divorce attorney can help you to list and classify your property, and to understand more about how the court is likely to distribute your marital assets and debts.
If you have children from the marriage, you are likely to have many questions about how the court makes child custody determinations. Michigan custody guidelines help the court to determine matters of child custody when the parents cannot come to an agreement. While Michigan law emphasizes that “parents are encouraged to reach their own agreements regarding child custody arrangements,” when parents cannot agree, the court will make a decision based on what is in the best interests of the child.
Child custody involves both legal custody (making important decisions about the child’s life and upbringing) and physical custody (providing for the everyday care and physical needs of the child).
Whether you have questions about how to get started by filing a complaint for divorce, or concerns about child custody, an experienced divorce attorney in Grandville can assist with your case. Contact Van Den Heuvel Law Office today to learn more about the services we provide to residents of Kent County, Michigan.