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:

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.

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.