Divorce Lawyer in Michigan Serving Clients in Rockford
Are you considering divorce? If you are a resident of Rockford, MI, it is essential to work with an experienced Michigan divorce lawyer. Michigan divorce laws can be extremely complicated, especially when issues of property division or child custody are in dispute. At Van Den Heuvel Law Office, we know how important it is to have a family law attorney on your side who can provide personalized representation to you and will work tirelessly to provide the best possible outcome in your divorce.
A dedicated Rockford divorce attorney at our firm can discuss your options with you today.
Filing for Divorce in Michigan
When you work with a dedicated divorce attorney in Rockford, you will have an advocate on your side before it is even time to file the complaint for divorce. Michigan is a “no fault” divorce state. Under Michigan Compiled Laws (MCL) Section 552.6, a spouse who wants to file for divorce only must show that there has been a breakdown of the marriage and that it cannot be repaired. To be clear, you do not need to show that one of the parties was at fault in order to be eligible for divorce.
Before you can even file your complaint for divorce, however, you must meet residency requirements. Michigan law requires that you have lived in the state for at least 180 days, or six months, prior to filing. For Rockford residents, you must have resided in Kent County for at least 10 days before you can file your complaint for divorce here.
Division of Marital Property in Rockford, MI
How do Michigan courts divide marital property? Michigan is an “equitable distribution” state according to MCL Section 552.401. What does this mean? In brief, the court will divide marital property based on what it considers to be equitable—or fair—to both parties. What kinds of factors does the court take into account when dividing marital property? It may consider a number of different factors, including but not limited to:
- Length of the marriage;
- Needs of both parties;
- Earning potential of the parties; and
- Source of property and both parties’ contributions toward its acquisition.
Keep in mind that only marital property will be subject to division. Property acquired before the marriage, as well as property acquired after separation, typically will be classified as “separate property” and will not be divisible. However, this can get quite complicated when one or both of the spouses commingles property. What does that mean? In brief, when one of the parties mixes separate property with marital property, the situation can get complicated. For instance, such a situation might arise if one spouse uses savings from before the marriage (separate property) to pay for renovations to the marital home (marital property). A Rockford divorce attorney can help you to understand how the court is likely to address questions of property division in your case.
Contact a Rockford Divorce Attorney
If you have plans to file for divorce, or if you have concerns about property division in your divorce proceeding, an experienced divorce attorney in Rockford can assist you. Contact Van Den Heuvel Law Office to discuss your case.