Michigan Divorce
In Michigan, the divorce process is No-Fault, meaning that neither party has to prove fault in order to request that the court enter a divorce decree. The only requirment is that one of the parties show that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and it appears that there is no likelihood that the parties can reconcile.
Once this is shown, the courts must enter a Judgment of Divorce according to the steps below. In cases involving significant assets, child support or spousal support claims, it is critical to retain an attorney early in the process, preferably before either party officially files a Complaint for Divorce.
Steps to a Divorce in Michigan
Complaint for Divorce
In Michigan, a party must file a Complaint for Divorce with the county in which they have resided for more than 10 days prior to filing. They must have also lived in the State of Michigan for more than 180 days prior to the filing. This step involves a great deal of care in terms of preparation, including office conferences, questionnaires to gather information, and possibly negotiation pre-filing or a collaborative divorce. It is important to hire an attorney who knows the system and how the court processes that initial paperwork in order to assure a smooth beginning to your complex matter.
Negotiation
In Michigan, there is a two month waiting period for anyone seeking to obtain a divorce with no children. If the parties have children, there is a six-month waiting period. This specically gives the parties a chance to negotiate between themselves to come up with a resolution or for an attorney-directed negotiation process. This involves gathering detailed and exhaustive information about the assets of the parties, retirement plan, and other major marital property. David Potts has the skilled staff and broad knowledge necessary to gather the proper information to make sure that any settlement entered into is fair and equitable. If the parties cannot negotiate a resolution, many courts order the parties to engage in facilitative mediation to resolve their issues.
Trial
If parties to a divorce cannot settle their differences before a trial date is set, the trial judge will hold a trial to decide all of the issues in the case that remain. This means that a judge will be making decisions about your assets, spousal support, and possibly where your children will stay. David Potts is trial tested and has taken numerous cases to trial, including the Court of Appeals. You deserve to hire an attorney who can protect your interest throughout your case.