why a lawyer will decline to step in on a family court divorce in michigan

Can a divorce judgement be changed after a divorce in Michigan?

Yes. In Michigan, this can be done by requesting relief from the divorce judgement. This is accomplished by moving for a new trial/rehearing, amendment or correction of the judgement or a clarification. These motions must be brought forward within a year of the original divorce judgement. Q. How is property divided in a divorce?

What if I don’t want a divorce in Michigan?

But What If I Don’t Want a Divorce? Top Michigan is a “no fault” divorce state. No fault means your spouse doesn’t have to prove cheating, abandonment, cruelty, or anything else to get a divorce.

What happens if you sign a default divorce in Michigan?

In a default, if you agree with all the terms as a defendant, you can sign the Judgment, and the judge will enter it by consent, meaning you don’t have to attend the hearing. How Long Does an Uncontested Divorce Take in Michigan?

What happens to debt in a Michigan divorce?

In Michigan, any debt acquired during a marriage is the responsibility of both parties, up to the date of separation. Both spouses are liable for repayment. When it comes to splitting payment of the debt in a divorce, the debt will be split fairly but not necessarily 50-50.

Can a lawyer refuse to take a case?

Ever wondered whether a lawyer can refuse a case? Refusing to fight for a person , be accused in a case or victim of crime , cannot be denied by a lawyer. Every person have the right to be defended in a case, even the poorest of the poor too. They cannot be denied that right to be defended.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Does Michigan require a court appearance for divorce?

After you've filed a joint petition and request for a consent order, you and your spouse will both have to attend a court hearing to get your final uncontested divorce judgment in Michigan. But first, you'll have to wait for the mandatory "cooling off" period in Michigan law.

Do both parties have to agree to a divorce in Michigan?

Michigan has “no-fault” divorce. No-fault means that you don't have to prove cheating, cruelty, or anything else to get a divorce. Your spouse doesn't have to agree to give you a divorce. You can get a divorce even if you are the person who did something that made your marriage end.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

Can you date while going through a divorce in Michigan?

Dating while divorcing in Michigan will not necessarily harm you legally, but it can impact aspects of your divorce. A new relationship, even if the relationship did not contribute to the breakdown of the marriage, can taint property division and child custody arrangements.

How do you avoid discovery in a divorce?

Cost-Effective Divorce: Avoiding Discovery Non-ComplianceGather Important Financial Documents and Statements.Provide ALL Documents Requested.Be Prompt Responding to Discovery Requests.Have Every Statement for Retirement Accounts.

What is considered spousal abandonment in Michigan?

Abandonment and divorce in Michigan isn't a thing. In short, there is no concern that you will be charged with abandonment. But there could be other negative consequences for leaving the marital home before the divorce is over: Your stuff somehow magically disappears or is destroyed.

Who gets the house in a Michigan divorce?

In a Community Property State your assets are divided as close to 50/50 as possible. Michigan divides property based on “equitable distribution.” That's when a judge would divide your assets “fairly” after looking at your individual circumstances.

Does it matter who files for divorce first in Michigan?

No, from a legal perspective, it does not matter who files first for divorce in Michigan. However, filing first does present an opportunity for the initiating party to request various orders to the court before your spouse is notified of the divorce proceedings.

How long after divorce can you remarry in Michigan?

Divorce on the Grounds of AdulteryStatePost-Divorce Remarriage Waiting PeriodMaineNoneMarylandNoneMassachusetts90 daysMichiganNone47 more rows

How long does a spouse have to respond to a divorce in Michigan?

After an initial complaint has been filed and served, a spouse has 21 days to respond to the complaint in the live in Michigan.

When does child support stop in Michigan?

Normally these payments stop when a child turns 18 but can be extended beyond that age if the child is still attending high school full time and has a reasonable expectation of graduating.

Why is Michigan adopting the Uniform Child Custody Act?

Michigan has adopted the Uniform Child Custody Act to help govern child custody issues related to a divorce in the state. All decisions regarding child custody are based on the principle that decisions will be made with the best interests of the child in mind.

How long do you have to wait to file a default request in Michigan?

The exception to this is if your spouse is an active members of the U.S. military. Michigan has a waiting period of two months if you do not have any children. If you do, the waiting period is six months.

What is custody in Michigan?

Custody in Michigan is determined by the best interests of the child and there are several factors that go into deciding this.

Is it illegal to hide marital assets in Michigan?

Michigan law is simple and straightforward when it comes to disclosing assets in a divorce. It is illegal for one spouse to hide marital assets to the detriment of the other. To achieve a full and equitable division of assets, all marital property and all separate property must be disclosed by both parties.

Can a military divorce be served on a spouse?

The grounds for a military divorce are the same as they are for a civilian divorce and only irreconcilable differences must be cited. Just as in a civilian divorce, once paperwork has been filed in Michigan to begin a divorce, copies must be served on a spouse to give him or her a chance to respond.

The Divorce Process in Michigan in 5 easy steps

File the Complaint for Divorce / Ex Parte Orders. The complaint is the lawsuit requesting the divorce. An Ex Parte Orders is an Order entered without the other party being notified such as a request to maintain the financial status quo or to prohibit the transfer of property during the divorce process.

About Findling Law

I have been exclusively practicing divorce and family law in Michigan for over two decades. The Oakland County Divorce attorneys at Findling Law practice statewide. We share the core value of practicing law to help people navigate change in their lives, without compromising principles.

What do you need to know about divorce in Michigan?

Everything You Need To Know About Michigan Divorces. There are few experiences more stressful, emotional and challenging than a divorce. This is especially true when a divorce involves legal issues such custodial disputes, significant assets and possibly even domestic abuse/violence. Because of the gravity of these issues and ...

How long do you have to be married to get divorce in Michigan?

However, in order to begin filing for divorce, there are three legal requirements that must be fulfilled: Both spouses must have lived and been together in Michigan for at least 6 months.

What is the legal obligation for a parent to support their child after a divorce?

Parenting Time – Parenting time refers to the amount of time individual parents are allowed to spend with a child after a divorce. Spousal Support (Alimony) – Spousal support is also known as alimony. In short, this is the legal obligation for someone to support their spouse after a divorce or separation.

What is high conflict divorce?

High Conflict Divorce – High conflict divorces involve highly volatile situations such as abusive spouses, narcissistic personalities, and criminal behavior. These situations go beyond simple disagreements over assets or custody and are often dangerous for a spouse and/or children.

What is contested divorce?

Contested Divorce – When there’s a legal disagreement between spouses regarding a divorce such as one party refusing to cooperate with the proceeding or objecting to a specific aspect, both parties may have to argue their case before a judge. In this case, the divorce becomes “contested.”.

What is a prenuptial agreement in Michigan?

Prenuptial Agreement – This is a written agreement between two parties prior to marriage designed to protect assets in case the marriage is terminated. Antenuptial Agreement – This is the same as a prenuptial agreement but is specific to the State of Michigan. In other words, prenuptial agreements in Michigan are known as antenuptial agreements. ...

What is the standard of custody in Michigan?

In Michigan, the standard of child custody is known as “best interest of the child. ”. In other words, one parent cannot receive biological preference as the sole determining factor of custody. You can read more about this standard here.

What is the only ground for divorce in Michigan?

The only ground for divorce in Michigan is that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”. This means there has been a serious, permanent, marital breakdown.

What happens if my spouse files for divorce?

If your spouse has filed for divorce, they are the Plaintiff in the case. You are the Defendant. Being a defendant in a divorce case isn’t like being a defendant in a criminal case. It doesn’t mean you are the person who did something wrong or that you are in trouble.

What to do if you have been served with divorce papers?

If you have been served with divorce papers, read them right away. It is important to understand what your spouse is asking of the court. Your divorce case is a court process to end your marriage, but other important things will also get decided in your divorce.

How long does it take to get divorced if you don't have children?

If you and your spouse do not have children together, there is a two-month waiting period before the divorce can be finalized. If you do have children together, there is a six-month waiting period before the divorce can be finalized. The waiting period begins when your spouse files the divorce, even if you and your spouse were separated before that. If you and your spouse don’t agree on everything, your divorce can take much longer than the waiting period.

How long does it take to respond to a divorce motion?

A written response should be filed at least three days before the hearing.

How long does it take to get divorce papers in Michigan?

This is 21 days from the date of service if you were served personally (handed the papers) or 28 days from the date of service if you were served by mail or while you were outside of Michigan. You can also file a counterclaim for divorce, in which you ask the court to give you a divorce and state the terms that you want. If you file a counterclaim for divorce, you must file and serve it at the same time that you file and serve your answer.

What to do if your spouse is divorced?

If your spouse has filed for divorce, consider talking to a lawyer. This is especially important if your spouse has ever been verbally, emotionally, or physically abusive towards you. You cannot rely on your spouse’s lawyer to protect your interests, even if you and your spouse agree on most issues.

What are the issues with divorce?

Aside from asking for the divorce itself the issues outlined in the case may include the following items: 1 Establishment of paternity 2 Determining parenting time 3 Setting up custody arrangements for a child 4 Ordering child support and/or alimony 5 Division of property, assets, insurance, retirement accounts and other investments

How long does it take to get divorced after a final order is issued?

Once final orders are issued there is a 60 day waiting period from the time of the order until a divorce is finalized if no minor children are involved in your case. Cases including minor children require 180 days waiting period. After the divorce is finalized, the court will record a certified copy of the decree in the respective county.

What is the purpose of sharing information in a divorce complaint?

The purpose of sharing the information is to help work towards a settlement in the divorce.

Is Michigan a no fault divorce state?

Since Michigan is a no fault divorce state you do not need a reason to file for divorce other than stating the marriage relationship has “been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

How long do you have to live in Michigan to file for divorce?

Before you can file for divorce in Michigan, you or your spouse must have lived in the state for at least 180 days. Also, one spouse must have lived in the county where the divorce papers are filed for at least ten days. In rare circumstances, you may be able to have the 10-day county residence requirement waived when you meet specific requirements.

How long does it take to get divorce in Michigan?

At a minimum, it will take at least three months for an uncontested divorce in Michigan. This assumes one spouse files paperwork and has paperwork served, which starts the 20-day response period, and there are no children in the marriage, triggering a two-month waiting period.

What is an uncontested divorce?

An uncontested divorce means that you and your spouse agree on all the issues of a divorce. This includes potentially contentious things like child custody and visitation, child support, alimony, a division of assets and debts, tax issues, and any other issue involving your marriage.

What to do if you are not in default?

If you are not in default, you can file a motion asking the judge to waive part of the waiting period. You’ll need to file a Notice of Hearing and Motion and an Order. This waiting period begins when your spouse files the divorce, even if you and your spouse were separated before that time.

How long does it take to respond to a complaint?

Filing a Response. A spouse has the right to file a response to the complaint within 21 days (28 days if served by mail), explaining what parts of the complaint they disagree with. If a spouse agrees with everything in a complaint or has signed a waiver, no response is required.

How long do you have to wait to get divorced if you don't have children?

If you do have children together, there is a six-month waiting period. A judge can waive the six-month waiting period in some cases if hardship is involved.

What happens at the final divorce hearing?

At the final hearing, the judge will have some brief questions about the terms of your settlement. If the settlement is fair and just, the judge will sign and issue the final divorce decree. Read More: How to Prepare for a Divorce Hearing.

What happens if you don't respond to a divorce petition?

Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.

How to speed up divorce?

For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...

How long does it take for a divorce to be uncontested?

However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.

Do divorces take time?

Couples with more complicated assets and custody issues usually have longer and more expensive divorces. Some aspects of a divorce simply take time. For example, in many states there’s a mandatory waiting period in a contested divorce.

Can a divorce petition be filed in your favor?

However, your spouse’s failure to file a response to the divorce petition can actually work in your favor. After you’ve served your spouse with a divorce complaint and the response deadline has passed, you can seek a default judgment. In a default judgment, a judge can grant you exactly what you requested in the divorce petition.

Divorce Laws in Michigan: A Beginner’s Guide

Equitable Distribution and Asset Division

• Marital Property and Division of Assets in Michigan
  Michigan is an equitable distribution state. This means courts will attempt to divide property and assets in a divorce in a fair and equal way but it doesn’t mean that the assets will always be divided on a 50/50 basis. In a divorce, there are marital assets and separate property. Marital as…
• Debts
  In Michigan, any debt acquired during a marriage is the responsibility of both parties, up to the date of separation. Both spouses are liable for repayment. When it comes to splitting payment of the debt in a divorce, the debt will be split fairly but not necessarily 50-50. Courts may take into a…

See more on survivedivorce.com

Spousal Support and Child Support

Custody and Visitation

Divorce Process

Other Divorce Issues