Divorce Lawyer in Livonia, MI

Getting divorced in Michigan can be a complex and emotional process. Before you can move on with your life, you must work through complicated decisions regarding how you and your spouse will divide your property, who will have custody of your children, whether one of you will pay spousal support to the other, and more. Without legal guidance, you might not achieve your desired outcome, leaving you without the fresh start you deserve.

The Smith Law Offices, P.C., is here to help. Our Michigan divorce attorneys proudly represent residents of Livonia and Wayne County throughout the divorce process. We pride ourselves on meeting our clients face-to-face whenever possible so we can get to know them better and fully understand their needs. As a smaller family law firm, we keep our costs low so we can provide effective, affordable representation to everyone who needs it. And because our lawyers are equally at home in court and at the negotiating table, we’re able to pursue your desired outcome in a variety of ways.

So don’t wait to get the knowledgeable, personable, and professional legal representation you need during this challenging time. Call The Smith Law Offices, P.C., now or complete our contact form for a free consultation with a divorce lawyer serving Livonia.

Do You Need a Lawyer for a Michigan Divorce?

Technically, there is no legal requirement to hire an attorney to represent you during your divorce. However, hiring an attorney can make the process easier and help you pursue the resolution you deserve more effectively. Here are some of the top benefits of hiring a divorce lawyer serving Livonia:

• They understand divorce laws – Divorce in Michigan is a complex process governed by a wide array of both statutory and case law. Without a thorough knowledge of these rules and procedures, you will have a hard time understanding your rights, let alone asserting them. An experienced divorce lawyer for Livonia, on the other hand, knows how to leverage these procedures to your advantage. And because they’ve handled similar cases in the past, they know how to resolve outstanding issues effectively and in your favor.
• They’re a determined advocate to protect your interests – Even the most amicable divorces involve disagreements, and you need someone who will advocate for your interests, not those of your soon-to-be ex. For example, Michigan law says couples must split their shared property in an “equitable” manner, which doesn’t necessarily mean an even split. Without a lawyer’s help, you might not receive your fair share of your marital assets, making it harder to start your life’s next chapter. Similarly, if you want sole or shared custody of your child, a lawyer can help you convince the courts that your desired custody arrangement is in your child’s best interests. Furthermore, a divorce lawyer can help you enforce the terms of a prenuptial agreement or invalidate an unfair or unlawful agreement.
• They provide emotional support during a challenging moment – Getting divorced is a major upheaval, and many people struggle with grief, anger, and other strong emotions as they work through theirs. Hiring a divorce attorney means someone else is handling the legal work for you, relieving you of a considerable burden when you already have a lot going on. Your divorce lawyer can also provide emotional support, as they know what you’re going through.

Requirements to File for Divorce in Michigan

There are two key residency requirements you must meet to file for divorce in Michigan. First, you or your spouse must have lived in Michigan for at least 180 days. Second, you must have lived in the county where you plan to submit your divorce petition for at least 10 days. A Michigan divorce attorney can help you with the necessary paperwork to start your divorce.

Michigan Property Division and Alimony Laws

Michigan law says couples must divide their shared property equitably. This means that, while it’s generally up to couples to decide how to split their assets, the courts must approve the plan and may step in if the spouses can’t agree or if the court deems the split unfair to one party. Here are some factors the courts consider to determine an equitable split of marital assets:

• The length of the marriage
• Each spouse’s job prospects and earning potential
• Each spouse’s contributions to the marriage (including managing the household and raising children)
• Which spouse will any minor children from the marriage live with
• Each spouse’s age and health
• Evidence of adultery, domestic violence, or other instances of spousal misconduct (if any)

These factors also determine which spouse, if any, will pay spousal support and how much they’ll pay. The courts do not have to award support, though they are more likely to do so if the couple was married for a long time (i.e., 10 years or longer).

Permanent alimony is rare in Michigan, as the courts recognize it’s not fair to ask a spouse to support their former partner indefinitely. Furthermore, the paying spouse can petition the court to stop alimony payments if their or their spouse’s circumstances change significantly, such as a substantial change in income.

Michigan Child Custody and Support Laws

When it comes to child custody and support, Wayne County courts are legally bound to make their decisions according to what’s best for the child. While state law generally requires children to have a relationship with both parents, either parent can petition for sole custody. Some of the factors judges consider in custody decisions are as follows:

• The child’s relationship with each parent
• Each parent’s ability to care for and raise the child
• How long the child has lived in a stable home environment, and the importance of maintaining that environment
• The child’s preference, in some cases
• Any history of domestic violence
• Each parent’s willingness to encourage their child to maintain a positive relationship with the other parent
• Any other factor the court deems relevant

Child support is another contentious issue in many Michigan divorces. According to the Michigan Department of Health & Human Services, a parent or guardian can receive child support if all of the following conditions apply:

• They have custody of a minor child
• The minor child lives in the parent or guardian’s home
• The minor child financially depends on the parent or guardian
• One or both of the child’s parents do not live with the child
• The courts have issued a child support order

Child support payments typically end when the child turns 18, though they can continue in rare circumstances, such as if the child is still in high school. A Michigan child custody lawyer can help you fight for fair child support payments or contest an unfair court order.

Contact Our Divorce Lawyer Team Serving Livonia and Wayne County Now

Are you going through a divorce in Wayne County? If so, the compassionate team at The Smith Law Offices, P.C., would like to help you resolve matters in the most efficacious and supportive manner possible. Contact us today for a free consultation with a divorce lawyer serving Livonia.