An introduction to divorce begins with the definition of divorce. “Divorce” is the legal process by which a marriage ends and changes your legal status from married to divorced.
In Michigan the court will address the division of property and debts, alimony (sometimes called spousal support), and in cases involving minor children custody and parenting time.
In this introduction to divorce we will walk you through the divorce process and provide you with the resources you need (videos and articles) to guide you through even complex of circumstances. More importantly, we will point to the specific laws in the explanation.
Where do you file for divorce?
Michigan Compiled Law § 552.9 provides that you can file for divorce if you lived in the state of Michigan for more than 180 days. It makes no difference where you married or your citizenship. You file in the Michigan County in which you have lived for the last 10 days.
An introduction to divorce discovery.
it is imporant to have an understanding of the nature and extent of the marital estate. After all, it is difficult to make a decision regarding the fairness of a property settlement without having an understanding of what there is to divide. Your attorney has several tools in his/her toolbox to help you “discover” what is in the marital estate through a process called discovery
Discovery is used to “discover” evidence that is relevant to your case. Lawyers ask questions related to the income, assets and liabilities of the parties. In custody cases, questions are asked about the children, parenting time and so on. A Michigan divorce lawyer has several tools at his/her disposal to conduct discovery. These include:
- Verified Financial Information Form which must be completed by parties in every Michigan divorce case;
- Interrogatories – Which are written questions under oath;
- Requests for Production of Documents;
- Requests for Admissions
- Subpoenas – which is a cour order for documents, testimony or to appear in court; and
In a Michigan divorce, discovery is conducted under the penalty of perjury. In simple terms, if you lie under oath, it is a felony punishable by up to 15 years in prison.
An introduction to divorce – Contested vs. Uncontested cases.
Michigan does not distinguish between a contested or uncontested divorce. Although it takes two people to marry, it only requires one person to obtain a divorce.
An introduction to divorce mediation.
In Michigan, Divorce mediation is the process by which a neutral third party tries to facilitate settlement outside of court. Mediation is a form of alternative dispute resolution where the mediator, an unaffiliated third party, assists in negotiating a settlement.
You settle a case, when the proposal on the table is similar or better what a Judge would do, relying on your lawyer and the mediator for guidance.Daniel Findling, Esq.
An introduction to divorce Trial
A divorce trial is a last resort when settlement is not an option. Most trials are avoided if a case is properly perapred, that is there are no questions regarding the nature and extent of the estate. There are circumstances when a party is unwilling to reach an agreement. As a result, the case will go to trial.
We are trial lawyers who love to settle cases, however, if we need to go to trial, we are always prepared to win.