A divorce will impact every area of your life. You may lose some of your marital assets and if you have children, you may not be able to spend as much time with them as you would like. You may also have to prepare for complex issues the divorce process will involve, such as if you or your spouse has a high net worth. Our Wyoming, MI divorce attorneys can help you through the complicated process, and ensure you receive the fair settlement you deserve.
Every divorce begins when one spouse files a complaint with the court. Within the complaint, the filing spouse will state their reason for the divorce, as well as any allegations against their spouse. A spouse does not have to prove fault when filing the complaint. Michigan is a no-fault divorce state, meaning the complaint must only state that the marital relationship is irretrievably broken. Still, it is important to include allegations of wrongdoing within the complaint. Issues such as infidelity will still play a role in certain hearings, including property division and alimony.
Either spouse can file for divorce, but there are some advantages to being the first to file. You will have more time to prepare for the process, allowing you to collect evidence such as banking statements and a list of marital property. When you file first you can also ensure your spouse will not liquidate bank accounts, incur debt, or remove children from the family home.
After filing the complaint, the defendant can respond to it, as well as any allegations made against them. If the other spouse does not dispute any of the accusations within the complaint, the divorce is considered uncontested. After a couple meets the divorce requirements in Michigan, such as fulfilling the waiting period, their divorce can then be finalized.
If the other spouse disputes the accusations outlined in the complaint, the divorce is considered contested, and many become quite contentious at this point. Contested divorces require a discovery stage, in which both parties can ask the other side for information. Both parties must also provide full disclosure about financial information at this point.
Negotiations between the Wyoming, MI divorce attorneys representing both sides will take place throughout the entire process, and a divorce can be settled out of court at any time, as long as the two sides agree. It is not uncommon for disputes to arise during negotiations and when this is the case, couples may need help resolving them. Mediation offers a quicker and more affordable way to resolve disputes, and gives couples more control over the process. Litigated divorces, on the other hand, are very combative and a judge will make all the final decisions.
If you are thinking about divorce, our Wyoming, MI divorce attorneys at Van Den Heuvel Law Office can assist with your case. Our skilled attorneys will guide you through every step of the process, and help you secure the fair settlement you deserve. Call us today or contact us online to schedule a meeting with one of our attorneys and to learn more about how we can help.