The Smith Law Offices, P.C., is the premier family law firm serving Canton, Michigan, and the broader Wayne County area. With over a decade of experience in family law, we understand that divorce can be one of the most difficult experiences someone can go through, especially in a community as close-knit as Canton.
We’re dedicated to guiding you through every step of the legal process and offering comprehensive legal representation to protect your rights and interests during your divorce proceedings.
Michigan is a no-fault state, meaning neither party must provide proof to have their marriage dissolved. They must only be able to demonstrate that there’s been a breakdown in the relationship and that there remains no reasonable likelihood that the marriage can be preserved.
Here’s a general overview of what to expect when filing for divorce in Canton:
The first step is filing for divorce with the Third Judicial Circuit Court of Michigan. Before doing so, you should assess your eligibility for divorce, which includes the following criteria:
If you or your spouse has never lived in Michigan, a court may grant your divorce, but it would have limited jurisdiction. This would affect the court’s ability to issue orders on matters such as property division and child custody.
The other spouse must be formally served with divorce papers to ensure that both parties are aware of the proceedings and have the opportunity to participate.
The spouse being served with the divorce notice must file an answer, either admitting or denying the items in the complaint. If served personally, they have 21 days to respond (28 days if served by mail).
If minor children are involved, the court will issue temporary orders regarding parenting time, child support, and other related matters. During divorce proceedings, the court can also issue temporary orders restraining the parties from selling assets or incurring debts.Â
The divorce attorneys for each party will begin gathering evidence and valuing assets, debts, and other relevant information to present to the court.
The divorcing spouses may make attempts to reach agreements on key issues outside of court. Mediation can be a cost-effective way to resolve disputes and maintain more control over the outcome.
If the spouses can’t reach a satisfactory agreement, the case will go before a judge. At trial, both sides will have a chance to present their arguments, and the judge will make the final decision on all unresolved issues.
The judge presiding over the case will issue a legally binding order for the dissolution of the marriage. This document may include provisions on child support, property division, spousal support, and other related matters.
In some cases, a significant change in circumstances could warrant the modification of the orders in the final divorce judgment. Working with a qualified divorce attorney can help you effect such changes.
Michigan law imposes a mandatory waiting period between the filing date and the date the divorce is finalized. The waiting period is the minimum number of days the divorce process can take. In cases that don’t involve children, the waiting period is 60 days.
When the parties have minor children, the waiting period is extended to six months.
However, a judge can waive this period if you can show that waiting six months would harm you or your children. Still, the waiting period cannot be less than 60 days.
The experienced divorce attorneys at The Smith Law Offices, P.C., offer a complete range of services related to divorce, including:
Our team can help you file for divorce with the Office of the Wayne County Clerk if you live in the county or another court if you live elsewhere in Michigan. We’ll handle all necessary paperwork associated with your divorce case.
Your attorney will exercise your rights in the division of property and assets to secure you a favorable share.
We’ll negotiate on your behalf to ensure that any spousal support awarded is fair and equitable based on your financial situation and future needs.
Additionally, we can offer guidance on modifying spousal support orders if circumstances change significantly and help you enforce existing orders.
Our attorneys regularly assist clients in mediation sessions. The goal of these meetings is to reach a fair settlement and avoid a trial.
Our attorneys can help you negotiate parenting time and custodial arrangements that prioritize your child’s best interests while safeguarding your parental rights.
We can help you assess proposals or existing child support orders and, if required, seek modifications.
Special considerations must be made for military families going through a divorce, as you must comply with federal laws and military regulations. Our attorneys are well-versed in the complexities that arise in these cases, including issues related to deployment and the division of military benefits.
Your attorney can help you request modifications to orders or judgments involving child custody, parenting time, or child support.
The dedicated attorneys at The Smith Law Offices, P.C., have over a decade of experience representing clients in family courts across southeast Michigan. When you work with our firm, you can expect to receive the following advantages:
We’re well-versed in the local legal landscape and have a proven track record of successfully handling divorce cases in the area. Our team is intimately familiar with the local court system, enabling us to handle cases effectively and efficiently.
We understand that divorce can be financially straining, which is why we work to provide trustworthy representation without unnecessary expense.
We believe that effective representation starts with listening to our clients and understanding their priorities, so we’ll take the time to understand your unique needs and goals. You’ll always be able to meet face-to-face with your attorney to discuss your case.
The skilled team at The Smith Law Offices, P.C., is made up of highly trained professionals who take pride in their work and are experienced litigators prepared to advocate for you inside and outside the courtroom.
We’ve earned a sterling reputation in Wayne County — many of our new clients come to us through referrals from satisfied past clients.
Going through a divorce can be painful and present numerous challenges. The Smith Law Offices, P.C., is here to ease your burden. We’re dedicated to supporting you and upholding your rights as a spouse, a parent, and an individual.
Contact us today to schedule your free initial consultation. Our team is ready to provide dependable legal insight into your situation and answer any questions you may have.
