Whether you're the one calling it quits on the marriage, or you've been served divorce papers, you're facing a tremendous challenge that you may not know how to handle on your own. You may be feeling overwhelmed by the amount of work ahead of you and stressed out about the prospect of having to make important property and child custody decisions. The Michigan family law attorneys at Bebout, Potere, Cox & Bennion, P.C., know how to navigate divorce procedures to get you a result that protects you and your children.
What to Expect During the Divorce Process
Divorce is almost always a highly emotional time. It involves separating one household into two, dissolving one of your closest (and often longest) relationships, and changing many of the day-to-day routines of married life. It's normal to feel lost when facing divorce. In addition to the emotional and practical changes, there are legal, equitable, and financial concerns that you will need to consider before reaching a settlement agreement or taking the matter to court. But with the compassionate and skilled attorneys from Bebout, Potere, Cox & Bennion, P.C., at your side, you don't have to face the challenge alone.
What is Covered in a Michigan Divorce
In Michigan, the primary goal of a complaint for divorce is to dissolve the bonds of matrimony, returning each spouse to their status as a single adult. However, the Michigan family courts have authority to do far more than that in their Judgment of Divorce. Depending on the length of your marriage, the assets and liabilities you and your spouse hold, and whether you have minor children, your Judgment of Divorce could include provisions related to:
- Child custody and parenting time for minor children
- Child support
- Spousal support or alimony
- Property division disputes
- Division of retirement benefits
- Enforcing a prenuptial agreement
- Assignment of marital debts
- Payment of attorney fees
- Name changes related to divorce
- Insurance coverage and benefits
How to Prepare for Navigating Divorce
If you are considering a divorce, the best thing you can do is to start preparations early, even before separating from your spouse. One of the most complicated parts of the divorce process is “discovery.” This is a process in which both sides gather information about the parties' assets, liabilities, and other information related to the issues raised in the case. In this case, an ounce of preparation can be worth a pound of cure. Before you leave the marital home or file for divorce, take time to gather or make copies of important documents, including:
- Deeds to real property (including the marital home)
- Titles to vehicles
- Mortgage statements
- Utility bills
- Tax returns
- Tax assessments (including property taxes)
- Credit card bills
- Pay stubs or other income verification
- Health insurance information (including children's healthcare cards)
- Social security cards
- Passports (including for the children)
- Documentation of any issues relating to fault (i.e. proof of affairs, gambling losses, criminal charges, etc.)
You should also prepare for navigating divorce by establishing a support network and arranging for your housing and support post-separation.
Using Temporary Orders in Navigating Divorce
Michigan family courts have broad, equitable power to resolve issues that arise between spouses as a result of the breakdown of the marriage. In addition to the issues above, while your divorce is pending, the Court can also order:
- Temporary child support or alimony payments
- Interim child custody and parenting time
- Parental relocation or the return of children to the state
- Exclusive use of homes or vehicles while the divorce is pending
- Status quo payments to maintain the marital home or assets during divorce
- Interim attorney fee awards
- Restraining orders to protect spouses, children, or property
If you have concerns about your needs, your children, or your property while the divorce is pending, you should talk to your Michigan family lawyer about those concerns. In many cases, there are motions that can be filed and orders that can be entered to protect you and your children while you navigate divorce.
How Long Does the Divorce Process Usually Take?
Under Michigan law, a divorce can take no fewer than 60 days from the date the Complaint for Divorce is filed to the entry of the Judgment of Divorce. Divorces involving children have a waivable 6-month waiting period. Most divorces without children take around six months, and Michigan judges try to resolve cases within a year. However, the higher the conflict is between you and your spouse, the longer your divorce process may take.
What is the Difference Between a Contested and Uncontested Divorce?
Most Michigan divorces never go to trial. More than 90% of divorces end in the parties agreeing to a settlement agreement that is converted into a Consent Judgment of Divorce. But some couples reach this agreement faster than others. In an uncontested divorce, the parties agree on all major issues, including asset division and child custody. If the parties are able to come to a resolution before the Complaint is filed, often with the help of a Michigan family lawyer guiding them through the process, they can file a joint petition for entry of judgment which will shorten the litigation process and get the divorce done quicker.
In a contested divorce, the parties are unable to reach a resolution without the court's help. A contested divorce will still be referred to mediation and other dispute resolution services to help them resolve the dispute. If they can't, the matter will go to trial, and the final decision will be made by the judge.
Get Help Navigating Divorce from a Michigan Family Lawyer
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you navigate divorce to protect your dignity, privacy, and interests in court, or by negotiating with your spouse. Call us at 248-651-4114 or contact us here to speak to an attorney.