Divorce and Family Law, Personal Injury, Business and Commercial Law, Real Estate Law
Divorce and Family Law, Personal Injury, Business and Commercial Law, Real Estate Law
A divorce is a legal action which is filed to terminate a marriage. Michigan is a purely no-fault divorce state, meaning that there is no need to prove grounds (like fraud, adultery or impotence) to get divorced. One must simply state that the marriage has been broken down to the extent that all the objects of matrimony have been destroyed.
To file for divorce, the party filing must reside in the state of Michigan for at least 180 days, and continuously reside in a single county within this state for at least 10 days, immediately prior to filing the action.
Once a Complaint for Divorce is filed and served upon the opposing party, the parties may wish to engage in a process known as “discovery”. Discovery is a process of learning about the parties’ incomes, assets and liabilities and a process of understanding and addressing other issues that are relevant to the particular case (such as custody and parenting time concerns). Having a full and complete understanding of the parties’ financial situation, including their assets, liabilities and abilities to care for themselves following divorce, is essential to obtaining a fair and just result.
In most instances, divorces are concluded by consent of the parties through a document called a “Consent Judgment of Divorce”. The Consent Judgment specifies the terms and conditions of the divorce, such as custody of and parenting time with children, the payment of spousal and/or child support, the division of assets, the assumption of liabilities and any other provisions the parties wish to agree upon. In some instances, where parties cannot agree upon the terms and conditions of their divorce, the Court may order that a third-party get involved to assist in persuading the parties in coming to an agreement or settlement this fair and just. The third-party, known as a “Mediator”, is a neutral person who is skilled in divorce resolutions. The mediator holds an informal meeting with the parties and their counsel in an attempt to resolve any issues the parties have. If the parties are able to resolve their difference, the mediator prepares a settlement agreement that identifies all of the terms and conditions of the settlement which is later incorporated into a Consent Judgment of Divorce.
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