It is easy to get swept up in the emotions of divorce as you focus on what your life will look like once it is finalized. While it is important to work through the emotional issues, there are also many legal issues you must consider. An Ionia divorce attorney can explain the legalities associated with the divorce process in Michigan and the requirements you must fulfill. A divorce attorney will also ensure that you secure a fair settlement, and will make the entire process much easier for you.
Although some marriages simply break down and the two parties agree to go their separate ways, many marriages end due to marital misconduct. A spouse, for example, may have an affair or develop a substance abuse problem. Regardless of the reason, all divorces in Michigan are considered no-fault.
When filing for a no-fault divorce, you only have to state that there has been a breakdown of the marital relationship and that there is little chance of reconciliation. The benefit of a no-fault divorce is that you do not have to prove your spouse was at fault for the divorce, even if you believe that to be true.
Although all divorces in Ionia are no-fault, it is still important to bring up any wrongdoing during the proceeding. While marital misconduct will not affect how you file, a judge may take it into consideration when making decisions on child support, property division, and alimony.
The decision to get a divorce is certainly a painful one to make, and unfortunately, it does not end there. Even if you and your spouse agree to all terms of the divorce, you must still enter into a waiting period before your divorce can be finalized.
If you do not have children with your spouse, the waiting period for divorce is 60 days, regardless of whether or not you and your spouse separated after filing. If you and your spouse do have children together, the waiting period is extended to six months. However, if you can prove that this waiting period would cause you or your child undue hardship, a judge may waive the six-month waiting period. Still, judges cannot waive the waiting period to anything less than the 60 days required for spouses who do not have children together.
The grounds for divorce and the waiting periods required during the process are just two of the legal issues you will face when getting a divorce in Ionia. At Van Den Heuvel Law Office, our Ionia divorce attorneys are here to help. Our knowledgeable attorneys will ensure you meet the necessary requirements, advise on the facts of your case, and make the entire process as easy as possible for you. If you are considering divorce, or have already started the process, call us or contact us online to schedule a meeting with one of our skilled attorneys.