| DIVORCE
When you go
through a divorce, your whole world is turned upside down. Divorce
can be such a painful experience that psychologists equate the stress
to that of the death of a spouse or a child.
This is why
it is important to have an attorney who is both knowledgeable about
the law and who understands the emotional turmoil that you are going
through. Because of the emotions involved, you may lose sight of
what's in your best interests. A good attorney will perform the
difficult task of telling you what you need to know, whether or
not you want to hear it.
There are many
important issues to be addressed in a divorce:
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1. Child Custody
2. Visitation
3. Child Support
- In Michigan, child support is determined by a formula referred
to as child support guidelines. This formula is primarily based
upon the parents incomes. This formula can also provide for child
care and uninsured health care expenses.
4. Spousal Support
- One party may be awarded spousal support from the other party.
Many factors are considered in determining the appropriateness of
spousal support, such as length of marriage, age, potential earning
capacity and ability to pay.
5. Property
Settlement - The property and assets are to be divided equitably
between the parties. This includes the marital home, pensions and
personal property.
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The majority
of divorce cases can be settled through negotiation. However, some
cases can only be resolved with litigation. It is important that
your attorney be adept at both.
A divorce starts
by filing a Summons and Complaint for Divorce. The Complaint advises
the Court that there has been a breakdown of the marriage to the
extent that reconciliation is not feasible. It is important to have
an attorney representing you though a divorce to ensure that your
rights are protected and that the case is handled properly. Failure
to properly protect your rights through various court orders can
lead to disastrous results.
It is imperative that in the Complaint for Divorce (if you are the
person filing) or in the Answer to Complaint (if you are not the
person filing), that you have issues such as child custody, visitation,
spousal support, status quo order and various restraining orders
properly issued or addressed. Failure to do so can result in an
unfavorable result to you and in the loss of important rights.
It is imperative to provide all of your information and financial
documentation to your attorney. This allows them to prepare effectively
and to map out the strategy of your case. In most situations, your
case will either be settled between yourself and your spouse or
through a mediator. However, if no settlement can be reached, your
case will be tried either by a judge or an arbitrator.
The divorce is finalized through the Judgment of Divorce. Other
legal documents such as pension and retirement plan division or
liens and deeds may be needed to protect your property interests.
These documents and the Judgment of Divorce must be properly prepared
to protect your interests and to maintain the benefits that you
obtained.
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