Wyandotte Divorce Lawyer

Among some of the most stressful events people can experience, both marriage and divorce rank near the top. One of the major reasons why divorce is so stressful is the fact that you stand to lose a lot. Whether it be in the division of property or loss of time with your children, if you don’t hire the right Wyandotte divorce attorney, it could get ugly.

Michigan is a No-Fault Divorce State

But what does that mean? The name is misleading, as your conduct within your marriage will play a role in the way a judge handles your asset distribution, spousal support, and other major facets of your case. A top rated Wyandotte divorce lawyer can help you protect your assets and retain your rights as a parent. So, if you can actually be at fault in a divorce, much like a car accident, what does it mean when we say Michigan is a no-fault divorce state?

The History of No-Fault Divorce in Michigan

The idea of no-fault divorce began as a reflection of the change in attitudes about marriage, women’s rights, and in 1969, California passed the Family Law Act, which enabled married couples to file for divorce without having to air their private issues publicly in a divorce filing. This is where “irreconcilable differences” entered into the divorce lexicon, and after Ronald Reagan, the then governor of California signed the law, Michigan and other states passed similar statutes, allowing couples to end their marriages for any reason.

Essentially, the move to no-fault divorce simplified the process and promoted gender equality and helped to reduce conflict. That is not to say that your divorce will be without conflict or problems. But you will have a less stressful divorce if you hire a Wyandotte divorce lawyer to help you with your divorce case.

What if My Spouse & I Agree on Our Divorce?

If you and your spouse agree on getting divorced and on the division of assets, then you can always get a flat-fee uncontested divorce. Not all Wyandotte divorce attorneys offer this service, but The Mitten Law Firm does. Some divorces are amicable, and for that, there is no reason to get into a long, drawn-out fight in court.

This also reduces the cost of your divorce, as many of the processes don’t need to be started. You won’t need a discovery phase. You also won’t need to worry about the cost of two different divorce attorneys billing you hourly for their services. You can work together with one unbiased Wyandotte divorce lawyer to help you finalize your divorce agreement, so you and your spouse can seamlessly move on to the next phase in your lives.

Divorce For Older Couples

In 2024, it is getting more common for couples in their 50’s to file for divorce. The fact that people are living longer means that once the children have moved out, many start to wonder if they can spend another 30 years with their spouse. The phenomenon of getting divorced in your golden years is being referred to as “gray divorce” and is very real.

There are different considerations for older couples when getting divorced. There are different assets to divide, such as retirement accounts, vacation homes, and heirlooms. While there won’t be disputes over child custody, there are other factors that come into play. Hiring a Wyandotte divorce attorney to help you with these matters is key to protecting your assets.

Frequently Asked Questions About Divorce In Michigan

At The Mitten Law Firm, we get a lot of questions about divorce. Refer to the list below to see the answers to some of the more common Michigan divorce questions.

Should I Move Out Of My House After My Divorce is Filed?

This question comes up often. The answer is, it is complicated. If you have children, moving out can be viewed as abandonment or neglect, and can be used against you in a child custody hearing. When it comes to the division of property, leaving your home might convey to the court that you don’t need to live in the house but your spouse does. However, if your spouse is abusive, or a narcissist, you may be better served by moving out and letting your Wyandotte divorce lawyer help with the legal fallout.

If you are thinking about moving out after your divorce is filed, think about an affordable solution for temporary housing. If you can stay with family or friends, that might be beneficial, but also you can find lower-cost apartments in the downriver area to live in while your divorce is finalized.

Before making a rash decision to leave your home, consult your Wyandotte divorce attorney for advice specific to your situation.

How Much Does a Divorce Cost?

It is really impossible to give any kind of exact number for this. The factors that play into the cost of a divorce include:

• Whether it is contested or not
• If there are children or not
• They types of assets the couple has to divide and how complex their asset portfolio is
• Whether any experts need to be consulted, such as financial consultants
• Emotional or mental health costs, such as needing to see a therapist

Sometimes the sheer duration of your divorce case can come into play as well. If your spouse is contentious and also hires an attorney, the costs can increase substantially.

Will I Have To Pay Spousal Support or Alimony After My Divorce?

This will depend on several factors, as spousal support is not automatically awarded in a Michigan divorce. The key factors determining what, if any, alimony you will pay include:

• The duration of your marriage: Usually the longer you are married, the more support your spouse can be awarded.
• Each spouse’s financial situation: If your spouse is not working or works at a low-wage job, you may need to provide spousal support. The court will evaluate more than just income, however. If one spouse has significant student loans, for example, it reduces their ability to support themself.
• The standard of living throughout the marriage: If you and your spouse have a luxurious lifestyle, and your spouse is unable to provide the same, the court may be more willing to award one spouse alimony.
• Each spouse’s contributions to the marriage: These will be both financial and non-financial. If one spouse is a homemaker, for example, they are contributing to the stability of the home and helping the other spouse provide financially. This has value, and the court is aware of this.

Spousal support in Michigan can either be rehabilitative, temporary, or permanent, depending on the factors above. Each type of support awarded has a different purpose:

Rehabilitative spousal support in Michigan

This is intended to help one spouse obtain education or training so they can become self-sufficient. This is most common when one spouse is a homemaker or a stay-at-home parent, and has been out of the workforce for some time. This is temporary and will have a set date when payments will cease.

Temporary spousal support in Michigan

Throughout the divorce proceedings, the court may award one spouse temporary support until the divorce is finalized. This is so that both spouses have stability during the course of the divorce, and will end when the divorce is finalized, unless permanent or rehabilitative support is ordered.

Permanent spousal support in Michigan

This type of support can be ordered in one of two ways; either through regular monthly payments or in one lump sum. The lump sum option is most often elected in high net worth divorces, but monthly alimony payments are the most common. If you have been in a long-term marriage and your spouse is unlikely to become self-sufficient, the court will most likely order some form of permanent spousal support.

A divorce attorney in Wyandotte can help you navigate the spousal support payments and fight to have your rights protected or help you get the support you need.

What if My Spouse Refuses to Pay Alimony?

It is not uncommon for an ex-spouse to refuse to pay alimony. Most often, this can be dealt with between the spouses themselves. Communicate with your ex and find out if there is a major change in their financial situation, or if this is a more deliberate act. Be sure to document all missed payments, as this will be necessary if a legal action needs to be taken.

If it seems deliberate and ongoing, consult with your Wyandotte divorce lawyer about your options. You may have to file an order of contempt, which will force a hearing where you and your ex-spouse can present your case. If your ex is deemed to be in violation of the court order, then a judge can order income withholding, wage garnishment, intercept their tax refund, suspend a driver’s or professional license, or in extreme cases, order your ex to serve jail time.

Hire An Expert Wyandotte Divorce Attorney