EXPERIENCED MICHIGAN FAMILY LAW OFFICE ** WE CAN HELP YOU MEET YOUR FAMILY LAW GOALS
Michigan No-Fault Divorce
Divorce in Michigan is a law suit filed by one spouse indicating
that the marital relationship has ended and that reconciliation
is not going to occur. All that is required is for one party to
testify that there has been a breakdown of the marital
relationship to the extent that the objects of matrimony have
been destroyed and there remains no reasonable likelihood that
the marriage can be preserved. The term “No-Fault” comes from
this position that no one has to be at fault for harming or
destroying the marriage for it to be dissolved, someone
simply has to want out.
Michigan is a no fault divorce state. This means that either the
husband or wife in a marriage needs no reason to file for divorce
other than the desire to end that marriage. If the parties in a
marriage have no children, then, with few exceptions, one must wait at least two months before the court will finalize the divorce.
If the parties in the marriage have children, then, with few exceptions, one must wait at least six months before the divorce can be finalized.
In Michigan, the law also allows for Separate Maintenance actions which are generally seldom filed. The procedure is relatively the same as in a divorce matter, except that neither party may remarry. Further, the law provides that if one party institutes a Separate Maintenance suit, and the other party files for divorce, the court will only consider the case as a divorce matter and cannot enter a Judgment of Separate Maintenance. If you have more specific questions about Separate Maintenance, please contact us.
As a Michigan divorce and family law office, practicing divorce and family law in Oakland, Macomb and Wayne County Michigan, we understand that you may have many questions regarding divorce in Michigan. This web page, drafted by a Michigan divorce attorney, provides you with some basic Michigan divorce advice and Michigan divorce help.
What are the grounds for divorce in Michigan?
Michigan is a purely "no-fault" divorce state, meaning that you can't allege that your spouse's wrongdoing was the cause of the divorce. Instead, most divorces are based on the grounds that the parties have irreconcilable differences that have led to the breakdown of the marriage. However, fault may be considered by the court as a factor in dividing property or awarding alimony.
Michigan Child Custody
If you're in for a real battle with your spouse and headed for divorce, it is wise to seek the advice of a local Michigan Child Custody Attorney early on to make sure that all your rights are protected during the process. The divorce may be occuring for any number of reasons, adultrey, selfishness, irreconcilable differences, drugs, alcohol or gambling addictions. Whatever the case of your impending divorce, you don't want to leave your children to chance. Act early to secure legal advice before it's too late.
If you are in need of a divorce lawyer to handle your family law, divorce, child custody / support, or pre / post nuptial agreement issues, contact us to schedule a free initial consultation.
Doctor and Dentist Divorces
Unhappy marriages and divorce among doctors are common, and are commonly attributed to stress and long working hours. Divorce can involve unique legal and financial issues if one of the spouses owns a medical or dental practice. These issues include valuation of the practice, child support over guidelines and spousal support. For some physicians, creative child visitation schedules are needed. For a discussion of property division, the fair market value of a medical or dental practice can have huge implications in a divorce and is often hotly contested. The divorce attorney must be familiar with both the rules involved in such valuations as well as the relatively small number of experts working in the Detroit area who can provide valuation opinions. Placing a value on a solo dentist's practice, for example, is very different than valuing the interest of a partner in a 32 physician practice with multiple offices. Different rules and discounts apply to each situation and some experts are much more qualified than others to be involved in each case. Knowledge, experience and the right expert are essential to a fair outcome. We have an in-depth understanding of how professional practices are valued and divided at divorce. Working with a professional business evaluator, attorney Enos helps clients determine business value and hopefully reach an agreement on the community property division. Representation of the spouse of a medical or dental profession often involves more work because the other spouse often has control of information and financial data. Often, a payout plan is negotiated to provide income and compensate the non-professional spouse for the community's interest in the medical or dental practice.