Oakland County Divorce & Separation Lawyer
The break-up of a marriage is always stressful. No one goes into a marriage expecting to get a divorce. The role of your divorce attorney is extremely important – they advise and counsel you so that you understand all your options and make decisions that are right for you. When necessary, your divorce attorney advocates aggressively for you, to make sure your rights are always protected, and to ensure that you get the best possible results.
Choosing a divorce attorney is an extremely personal decision. You need to choose an attorney who is highly experienced in divorce law – and is someone you can trust, and with whom you can be completely honest. Experienced divorce attorney Starla Zehr has successfully represented hundreds of men and women in their Oakland County divorces.
Starla offers caring, compassionate advice & aggressive representation at affordable rates. Call Starla today for a free, confidential consultation.
Michigan “No Fault” Divorce Explained
In Michigan, all divorce actions are considered “No Fault” divorce. This means that a divorce will be granted even if one of the parties does not want the divorce. The person who files the divorce action is called the plaintiff, and their spouse is called the defendant. An “Uncontested Divorce” refers to a situation where one spouse files for divorce and the other spouse does not “contest” or answer the divorce complaint.
Michigan Divorce Residency Requirements
The family division of Circuit Court handles all divorce cases in Michigan. There are certain “residency requirements” regarding the County Circuit Court in which you can file for a divorce. If you want to file for a divorce in Michigan, one of the parties must have lived in Michigan for at least 180 days, and one of the parties must have lived in the County where the case will be filed for at least 10 days before filing.
The “Waiting Period” Before a Michigan Divorce Becomes Final
If there are no children under the age of 18, there is a 60-day waiting period (from the date of filing) before a divorce can be granted in Michigan. With minor children, the waiting period is generally six months. Divorces, however can take much longer than this if one or both parties cannot agree on custody or support and/or the division of property.
Understanding the Michigan Divorce Process
There are many steps involved in obtaining a divorce in Michigan: a complaint must be filed at the Circuit Court, filing fees must be paid (the filing fee is more if there are children of the marriage under the age of 18), a summons must be issued, the parties must be “served” properly, hearings must be scheduled and noticed, answers must be filed, and hearings must be attended. The end result of the case will be entry of a Judgment of Divorce.
If there are minor children, the divorce judgment will also specify child custody, support, and parenting time. In Michigan, the “Friend of the Court” is the office of the Court that makes evaluations and recommendations regarding child support, custody, and parenting time. (These issues are covered in our other articles.)
There are many complicated steps involved in obtaining a divorce. The best way to ensure that you will obtain the property division, spousal support, child support, custody and visitation arrangement that you deserve, is to hire a highly experienced and skilled divorce lawyer to fight for your rights.
Experienced Oakland County Divorce Attorney Starla Zehr Can Help You
Experienced divorce attorney Starla Zehr has successfully represented hundreds of individuals in their divorces. She will offer you compassionate advice and aggressive representation at affordable rates, to ensure that your rights are always protected. Call Starla for a free, confidential consultation today.