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Divorce can be a difficult process to go through on your own. During this transitional period, it’s important to have adequate legal guidance. A Birmingham divorce lawyer who is well-versed in Alabama divorce laws can assist with every aspect of your divorce case, including separation, initial filing, and signing the final divorce decree.
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734-994-3000Our team at Nichols, Sacks, Slank, Sendelbach, Butieweg & Solomon, P.C., has spent decades assisting the people of Ann Arbor, Bloomfield Hills, and surrounding cities in Southeast Michigan in their divorce cases. We use a compassionate approach to separations and search for resolutions without needless conflict.
Michigan’s divorce rate and total case count have been steadily declining for a while. In 2023, there were 20,812 divorces across the state, with a rate of 4.1 per 1,000 residents. A decade ago, in 2013, there were 31,687 separations and a rate of 6.4 per 1,000 people. However, a decreased average does not make a divorce any easier for the thousands who go through it each year.
Michigan is a no-fault divorce state, with separations based on irreconcilable differences in the marriage. To file for divorce in Birmingham, you must have resided in the state for at least 180 days and in Oakland County for at least 10 days. Divorces can be contested, uncontested, or collaborative. Birmingham divorce cases are filed through the Oakland County Circuit Court Family Division, located on North Telegraph Road in Pontiac.
The variables and problem points in a divorce case are different in every family. Some common areas of conflict that often arise in divorce cases are listed below:
Property division is the separation of marital assets. These assets are split between the spouses based on an agreed-upon division or a court order if an agreement is not made. Michigan’s guidelines are focused on what is fair rather than a 50/50 split. Judges consider a range of details such as the financial needs of each spouse, the contribution to the marriage, and their earning capacities. NSSS&B can represent you in these negotiations and strive to protect your financial interests.
Child support in Michigan uses a standardized formula that accounts for the income of both parents, the number of children, parenting time, and most childcare expenses. An experienced family law attorney can prepare you for the process and gather the necessary evidence.
Child custody is often the most contentious issue in Michigan divorce cases. Custody is comprised of legal rights that define the decision-making power for a child and the physical residence where the child lives, as well as parenting time.. Custody can be either sole or joint but cannot be allocated by subject area. For example, one parent cannot have all the decision-making power over the medical issues while the other has all the decision-making power over the academic issues..
Courts use the best interests of the child to determine custody. This includes considering the existing bonds between the child and each parent, the capacity of each parent to care for the child, and whatever decision causes the least amount of negative impact on the child’s life. A good divorce lawyer can advocate for your wishes during the deliberations by gathering evidence and representing you in court.
Spousal support, or alimony, is a payment made by one spouse to another to maintain the same or similar quality of life that they enjoyed during the marriage. Michigan has no set formula for determining spousal support (also known as ‘alimony’) figures. Instead, judges review the details of the union, the financial realities of both spouses, and each spouse’s individual circumstances to establish what is owed, if anything. An effective divorce lawyer can review your finances and advise you on whether alimony is a requirement. If yours is an alimony case, you and your spouse have several potential options regarding the amount and duration of the payments. Your divorce lawyer can help explain these options to you.
Some divorces don’t require strict court oversight and instead benefit from a neutral third party who oversees discussions and promotes compromise on the matters listed above. Mediation allows spouses to tackle each problematic area together while remaining levelheaded.
Divorce can be an emotionally, financially, and legally stressful event. Throughout the weeks or months, it can easily overwhelm a family. When you hire a divorce lawyer to guide you through the divorce process, you relieve yourself of a great deal of stress. A Birmingham divorce attorney can provide many key services, such as filing and drafting all paperwork, advocating for you in discussions, and representing you in all court appearances.
How much a divorce lawyer costs in Michigan depends on the level of conflict between spouses, whether litigation is required, the value and complexity of assets, and whether there are shared children involved. Legal counsel for a collaborative divorce without custody issues typically costs less than assistance in contested cases that are centered around high-value assets, in part because financial and/or mental health professionals work with the family as neutrals to reach an optimal overall resolution.
In Michigan divorce cases, assets are divided equitably. Michigan has equitable distribution divorce laws, meaning that property is divided based on what is deemed fair and reasonable rather than an even split. Courts can consider a variety of factors when a case comes so far, such as the length of the union, the earning capacity of both spouses, who has custody, and the contribution of each spouse to the marriage.
How long your divorce case takes to resolve in Michigan depends on the level of cooperation and whether children are involved. State law requires that all couples wait 60 days from the filing date before a divorce can be finalized. If you and your former spouse have minor children together, the waiting period is extended to six months but in some instances, that waiting period can be accelerated to 60 days as well. Contested cases with multiple disputed issues can take years to finalize and in the worst cases, keep returning to court over custody, parenting time, and/or support after a final judgment is entered.
No, in Michigan, the fault of one spouse is not required to file for divorce. Michigan is a no-fault state. The only requirement to file is that there was an irreconcilable breakdown in the marriage. However, the behavior of either spouse can affect decisions made by the court on their behalf.
Call Us Today
734-994-3000Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C., can make a positive difference in your divorce. Contact us to book your consultation, where we can get to know you and your family. We can discuss potential obstacles you are facing and explore strategies for moving forward in your life. You may also visit our offices in Bloomfield Hills, located along Woodward Avenue, north of the Frank Lloyd Wright Affleck House and south of Interstate 75 Business Loop.
I really appreciate all your efforts throughout the mediation. I truly felt that you had [my child’s] best interests in mind, which was incredibly reassuring. I still dont know how you kept going yesterday without eating all day! I know that I was fuzzy by late afternoon! Although I’m not…
"That was a lot of time and effort to dedicate to helping this family. Thank you soo soo much for working with us and resolving this case!!" "I second that wholeheartedly. You had what felt like an impossible task and did an amazing job pulling everyone together. I cannot tell…
Thank you for all your help today. You handled the other attorney extremely well.
As a mother of three young toddlers and a business owner, I cannot say enough about Lori’s expertise, honest and blunt guidance, as well as prompt responding! Her staff has performed above my expectations for kindness and promptness. My case was not easy. There were substantial marital assets. Lori was…
I really appreciate you going above and beyond your job today. You showed patience, kindness and warmth to a stranger. It really meant a lot to me. It felt like light during my darkest hour.
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