Divorce is generally an extremely difficult experience, and there are many important issues to consider before it is resolved. You and your spouse may feel resentful toward each other, you may be worried about the impact on your children, and you may not understand what the law in Michigan says about divorce. A Grandville divorce attorney can provide the objective legal advice you need, and will always make sure your rights are protected.
Michigan is a no-fault divorce state, which means that either spouse can file for divorce to start the process, even if the other party does not agree. Neither party needs to prove their spouse was to blame for the breakdown of the relationship in a Grandville divorce. The filing spouse only needs to claim that there has been a breakdown of the marital relationship and that there is little chance of reconciliation. However, fault may play a role in divorce hearings, such as when dividing property.
Michigan also imposes a waiting period on divorces in the state. The waiting period is 60 days from the date of filing if the divorce will not involve children. If children are involved, the waiting period is extended to six months from the date of filing.
Child custody is always one of the most contentious issues in divorces that involve children. Parents may be awarded either sole custody or joint custody, although, in the vast majority of cases, the courts try to ensure that the child will have a continued relationship with each parent. The courts use a formula that contains many factors when making child custody decisions, but the final decision always depends on what is in the best interests of the child.
When one parent is awarded more in custody than the other, the non-custodial parent is responsible for paying child support. Again, the courts will take a number of factors into consideration when determining how much child support a parent will pay, including the financial situation of each parent and the needs of the child.
During the divorce process, marital property is also divided. This includes any assets or liabilities the couple acquired during their marriage. The family courts divide this property fairly, although not necessarily entirely equally. The marital home, which is often the largest marital asset, may be awarded to one spouse, or a judge may order it to be sold with the profits split between the two parties.
Matters pertaining to children and property division are just two of the most contentious issues that crop up during a divorce. Unfortunately, there are many others, and even in the most amicable cases, spouses often find themselves fighting over the terms of the divorce settlement. If you are getting a divorce, our Grandville divorce attorneys at Van Den Heuvel Law Office will always ensure your rights are protected and that you secure the best terms possible. Call us today or contact us online to schedule a consultation with one of our knowledgeable attorneys.