Michigan has its own unique approach to divorce, and understanding the basics can help you better navigate the path forward. Most divorces in the state are uncontested, and this means that the divorcing spouses can ultimately hammer out applicable terms that they are both willing to sign off on. If you’re facing a divorce or are preparing to file, our experienced Westland uncontested divorce lawyers at The Smith Law Offices, P.C., welcome the opportunity to help.
Michigan has residency requirements for all divorce filings in the state, uncontested or contested. Either you or your spouse must have lived in the state for at least 180 days, or 6 months. In addition, at least one of you must have lived in Wayne County for at least 10 days to file in Westland. If you meet these requirements, ou will file your Westland case at the Wayne County Third Judicial Circuit Court in Detroit.
A mandatory waiting period also applies. If your case involves minor children, you must wait at least 180 days from the date of filing before your divorce can be finalized. If you and your divorcing spouse do not share minor children, you’ll be required to wait 60 days before your case can be finalized. In reality, many divorcing couples require more time to negotiate mutually acceptable terms in uncontested cases.
In your uncontested divorce, you won’t require the court’s intervention, but you will need to find a way to reach mutual agreements regarding each term that applies. Your trusted uncontested divorce attorney will help you identify your priorities and use them to leverage favorable terms that work well for you. They’ll also engage in skilled negotiations on your behalf.
Many couples seeking uncontested divorces find that mediation serves them well. If you and your spouse head to mediation, your knowledgeable uncontested divorce lawyer will help to ensure that your rights are well-protected throughout the process.
Michigan is what’s called an equitable property state. This means that all the assets you, your spouse, or the two of you together acquired during your marriage must be divided between you fairly upon divorce. Fairly means in the context of the specific circumstances that apply.
Child custody in Michigan addresses legal and physical custody. Legal custody determines how you and your ex will make critical parenting decisions, and physical custody determines parenting time. These determinations are always based on the children’s best interests.
Child support is calculated according to the state’s strict guidelines. An income shares model that takes each parent’s earnings into account is used.
Alimony, or spousal support, is always determined on a case-by-case basis. For alimony to be ordered, the recipient must demonstrate financial need and their spouse’s ability to assist.
Our capable Westland uncontested divorce attorneys at The Smith Law Offices have the experience, legal insight, and drive to help you obtain advantageous terms while keeping your case out of court. Learn more by contacting us online or calling us at 734-729-4465 today.
