[Video] What Are A Fathers Rights If Theyre On The Birth Certificate In Michigan?

In a non-marital union and the father is on the birth certificate then paternity wouldn’t need to be determined and therefore there are certain rights and duties that come with this. For example, if the father is on the birth certificate and the relationship breaks down, then the father can assert parenting time and custody rights. Similarly, if the father is on the birth certificate then you may be looking at child support since it runs hand in hand.

Lastly if you are exercising parenting time and it is your child, then you will be obligated to support that child. This can be extremely challenging when the parents of the child aren’t married, so therefore you will need an attorney who can help you navigate through this process. Know your rights as a father and go to Goldman and Associates for the best legal assistance in Michigan. Contact us today if you have any questions regarding Divorce and Fathers Rights in the State of Michigan.

Goldman and Associates Law Firm is here to provide you with information about Divorce and Fathers Rights in the State of Michigan.

[Video] What Are A Father���s Rights If They���re On The Birth Certificate In Michigan?

In a non-marital union and the father is on the birth certificate then paternity wouldn’t need to be determined and therefore there are certain rights and duties that come with this. For example, if the father is on the birth certificate and the relationship breaks down, then the father can assert parenting time and custody rights. Similarly, if the father is on the birth certificate then you may be looking at child support since it runs hand in hand.

Lastly if you are exercising parenting time and it is your child, then you will be obligated to support that child. This can be extremely challenging when the parents of the child aren’t married, so therefore you will need an attorney who can help you navigate through this process. Know your rights as a father and go to Goldman and Associates for the best legal assistance in Michigan. Contact us today if you have any questions regarding Divorce and Fathers��� Rights in the State of Michigan.

Goldman and Associates Law Firm is here to provide you with information about Divorce and Fathers��� Rights in the State of Michigan.

[Video] What You Need To Know About Father’s Rights In Michigan

The courts will look at both parents evenly and assume that they both have an equal set of rights. The state of Michigan has set forth about a dozen custody factors to determine what is in the best interest of the child. In a marital situation, the court will go through those 12 factors to determine what is best for the child. In a non-marital situation, there is no presumption that the parents share equal rights, but instead the presumption is that the mother has more of the custodial rights.

Once paternity is established for the father to receive rights, the father will have to go to court instead of being at the mercy of the mother who can determine when he can see the child. Know your rights as a father and go to Goldman and Associates for the best legal assistance in Michigan. Contact us today if you have any questions regarding Divorce and Fathers’ Rights in the State of Michigan.

Goldman and Associates Law Firm is here to provide you with information about Divorce and Fathers’ Rights in the State of Michigan.

Fathers Rights In A Divorce

Fathers Rights In A Divorce

If you are a father in the State of Michigan getting a divorce this is the blog for you. In this blog, we will be going over the rights that you have as a father and what can be done in your divorce. Father’s rights aren’t the same as men’s rights. This has to do with how men will get an appropriate consideration in the custody of their children. The court that the court weighs unevenly will help the court determine will the children thrive more with the father or mother.

What Are My Rights As A Father?

As a biological or adoptive father, your rights are in no way distinctive from a mother’s. The only distinction is that if you are not married to the mother, then you will have to prove paternity (see the chapter on paternity. and non-marital children). However, as the father, you are statistically more likely to be the non -custodial parent (i.e. the ex-wife has physical custody). Therefore, this section serves more like a summary of the rights of a non-custodial parent. While the custodial parent is largely responsible for making the day-to-day decisions regarding the children, you (the non-custodial parent) still have the legal right to have a say in any major life decisions affecting your child including their education and medical care. 

All parents also have the right to see and interact with their children even if they do not have physical custody. Unless your parental rights have been terminated for some reason, you have a legal right to visitation or “parenting time” with your children. Parenting time will often be one of the issues addressed in the final divorce decree. Any parent may take more parenting time than is mandated in the final agreement. However, the legal rights of a parent prevent their former spouse from permitting less than the agreed upon parenting time. They are likewise prohibited from intentionally sabotaging the relationship between you and your child. If you suspect that your former spouse is doing either of these things then you may be facing a case of “parental alienation”. If the situation is dire enough, it may be prudent to call the police. A parent who violates the parenting time agreement may be charged with contempt of court. 

What Is Parental Alienation?

Parental alienation is an intentional act by one parent designed to undermine the relationship that the other parent shares with their child. Sometimes this is a means of taking petty revenge. Often, it is intended to convince the child and, by extension, the court that the alienated parent should have reduced or no contact with the child. 

Alienation can be anything from lying to the child to poison their mind against the former spouse, or even wrongfully denying that spouse the parenting time they are legally entitled to. If you are the victim of a campaign of parental alienation, it is strongly advised that you keep fighting and try to keep a cool head. Any loss of emotional control will only make you look less stable and will further the alienating parent’s agenda. A provable campaign of alienation is proof that you are the more mentally sound parent. By definition, it is contrary to the best interest of the child and can be grounds for physical custody to be transferred to you. If the non-custodial parent refuses to return the child after the allotted parenting time, or if the custodial parent takes the children far away in violation of Michigan law, then the alienation has devolved into a case of parental kidnapping. In which case, you (the other parent) should call the police.

Conclusion

It can sometimes be much harder for fathers to get custody or other things in a divorce. This is why it is important to hire the right attorney so that you will get the results that you want and deserve. Fathers’ rights are important to Goldman and Associates and our attorneys will work hard to get the outcome you desire. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions. 

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428 

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Can You Do A Divorce By Yourself?

Can You Do A Divorce By Yourself?

 

Michigan is a no-fault divorce state. What that means is that you don’t have to prove that either spouse did anything wrong in order to get a divorce. All you do have to show is that the marriage has become broken beyond any hope of repair. Once your spouse is informed of your intention to initiate the divorce, there is no need for them to be involved in the process unless there is some disagreement regarding one of the core aspects of divorce. 

In order to file for divorce, you must be a resident of Michigan for 180 days (6 months) and a resident of the county where you are filing for divorce for at least 10 days. In this blog we will be going over the steps of divorce and if you should go about doing a divorce by yourself.

The Process of Doing a Divorce By Yourself

Here are the first couple of steps of getting a divorce done. Is your marriage valid under Michigan law? If not then you cannot get a divorce because divorce is a dissolution of a legal marriage. If your marriage was not legally valid, then you may need to look into getting an annulment. A valid marriage requires a valid marriage license and a solemnization by someone legally authorized to perform it (such as a priest or a judge). Both parties must consent to the marriage and must be physically and mentally capable of giving that consent (they must be 18 years old unless they have parental permission).

 Also, the would-be spouses cannot be blood relatives. When you apply for your marriage license, you should bring a photo ID, proof of age, and the $20 application fee. Once you apply for the license, there is a 72 hour (3 day) minimum waiting period. Once you receive the license you must have the ceremony within 33 days.

If you and your new spouse already agree about what should happen in the event of a divorce, it would be a good idea to write up a document to this effect as soon as possible. You can also do this just before the divorce. Such an agreement is sometimes called a post-marital agreement and will save both of you a lot of time and stress by avoiding a drawn-out and contentious divorce process. Be aware that such agreements can never be used to determine child custody or child support.

Initiating The Divorce

To get the process started, one of the spouses must file a complaint for divorc e with the family court. This complaint should include that spouse’ proposal for how the various issues (alimony, marital property, child custody, child support) should be resolved. You must also serve a copy of this complaint to your spouse within 90 days (3 months) of filing it with the court (or your complaint will be dismissed. You are not allowed to serve papers in person, so you will have to find a designated server. This person will have to be at least 18 years old. They can either hand deliver or mail the papers to your spouse. If you are the spouse being served with papers, you have 21 days to respond with an answer if you have any objections to the proposals made by your spouse. 

If you do file an answer, it must be a point by point response/rebuttal to the original complaint. Not filing an answer will cause the divorce to enter default. In such cases, the judge may or may not grant the complaining spouse any or all of their requests. Having a premarital/post-marital/divorce agreement between the two of you has the same effect. Even if the divorce does go into default, there is still a mandatory 60-day waiting period. This period is extended to 180 days (6 months) if there are any children involved.

Between the time the divorce papers are filed and the final divorce order is issued by the judge, chances are you and your spouse aren’t living together. In any case, the various issues regarding the divorce (such as child custody and the marital household) will probably need to be addressed temporarily until a final determination is reached. For this purpose, the court will sometimes issue temporary (ex -parte) orders intended to maintain the status quo until the divorce is finalized. These orders can be requested even before the divorce papers are filed and can be requested by one spouse without the knowledge or input of the other spouse. 

Conclusion

So should you do your divorce all on your own? The short answer is no, I mean can you technically try to do a divorce by yourself? Absolutely but you may not like the results you get, the divorce process is difficult and time consuming. It takes a professional to get the results that you want. The process requires the right attorneys so that you can get the outcome that you want. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions. 

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428 

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

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Military Divorce In Michigan

Military Divorce In Michigan

Due to the nature of military service, the domestic legal issues of military personnel are subject to different laws than a strictly local case. Servicemen and women are often on tours in foreign countries, which makes it difficult to ensure them a fair process in family court if their spouse is still on Michigan soil. In this blog, we will be going over the military divorce process in Michigan, being informed on these things is important and will help you in the long run.

How Do I Serve My Military Spouse Their Divorce Papers? 

The same standards for serving a civilian defendant apply to military personnel. However, the fact that a U.S. soldier can be stationed at a foreign military base and posted either on or off the base can make this complicated. A number of federal regulations govern this scenario. 

Off-post in the United States: The same procedure as a civilian. The same goes for an off-duty national guardsman. 

On-post in the United States: Since most military bases are under federal jurisdiction, the assistance of military officials is often necessary to serve divorce papers. If you are using a service by mail, there are very few complications. However, the serviceman may refuse to accept the served document. Military postal authorities will note the refusal and the court will presume that the papers were received.

If you try to serve in person things get a bit more complicated. For starters, a commanding officer/supervisor will have to determine whether or not the soldier is voluntarily accepting service. Federal regulations require that the serviceman be provided with legal counsel. If he refuses voluntary service, that’s the end of it. For bases under joint state and federal control, the rules are a bit different. If the soldier refuses service, then the server will be allowed to provide service by any method acceptable under that state’s law, subject to reasonable regulation of that base’s commanding officer. 

The Navy and Marines require the commanding officer’s consent. They also require the use of a process server from the court of the state that is hosting the base. The commanding officer must also be present when the papers are served. Outside of the U.S.: If voluntary acceptance is denied, the process server must use a service method that complies with the laws of that nation. This may be further restricted by any status of forces agreement between that nation and the U.S. This can cause delays as documents have to be translated and work their way through the foreign bureaucracy.

I Am In The Military Expecting a Divorce. Should I Be Worried About A Default Judgement?

There is no need to panic; the federal government has already addressed this issue. They realized that being away from home, state, and country can put a service member at an elevated risk of default judgment. Therefore they passed the Service member’s Relief Act, which protects you from default judgments in certain situations. The general rule is that a default judgment is voidable (may be set aside with a motion) if two requirements are met: 

  • The service members ability to respond was “materially” affected by their service in the armed forces 
  • The service member had a valid legal defense to the allegations of the complaint. The court giving the judgement may ask for proof of military service from the Department of defense.

 If the case is in civil court and the military defendant does not appear, the plaintiff must file an affidavit with the court. The affidavit must either state that the plaintiff knew the defendant was in military service or was unable to determine if that was the case. If the plaintiff was unsure, then they may have to post bond in order to get a default judgement. That bond will be used to protect the defendant from judgment if they turn out to be in the military.

If military service is later confirmed, then the court must appoint an attorney to represent the defendant. The court may also grant a stay (a delay) on the case for 90 days if there is either. A defense which cannot be made effective if the defendant isn’t there in person, or Plaintiff tried and failed to get into contact with the defendant to see if such a defense existed.

Conclusion

Military divorces can be difficult and take a long time. The process requires the right attorneys so that you can get the outcome that you want. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions. 

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428 

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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6 Reasons to Fire Your Divorce Lawyer

Getting a divorce is an important matter that needs to be handled by the right people. When you hire an attorney you expect them to do their job and get you the results you desire and inform you of all the things you need to know about your divorce. There may be a time when you have to fire your attorney because they’re doing a bad job. It is important to be able to assess how good of a job your attorney is doing. Here is a list of 6 reasons why you should fire your divorce lawyer. 

1.Your Attorney Refuses To Answer and/or Return Your Phone Calls

There is virtually nothing more important to an attorney-client relationship than proper communication. Not only does the lack of it hinder the success of a legal case, but it is also fundamentally disrespectful to the client. Even if the attorney misses the call for some reason they should attempt to get into contact with you as soon as possible. If they continue to ignore your calls and refuse to remedy this when called out on it, then you need to find someone new. Communication is key when it comes to the divorce process if you don’t know what is happening with your case and what your attorney is doing. That is when you should look for another attorney. 

2. A Lack of Updates Has Caused You to Miss an Important date/deadline

Handling your case is literally your attorney’s job. Furthermore, the court and opposing counsel are likely communicating relevant details with your client rather than you. As such, nobody should be more aware of events in your case and any relevant deadlines than your attorney. Under no circumstances should your lawyer’s negligence cause you to miss a hearing or any other important date/deadline, then you need to find someone else. If you have had to inform/remind your attorney about an event or deadline they should have already known about, then that is the first and only sign that you need to fire them.

Even if they show a willingness to follow up and communicate, it is completely pointless if you yourself are not comfortable communicating with them. You need to be able to ask questions in order for your case to be successful. It is also important for attorneys to take steps to ensure their client’s peace of mind.

3. Your Attorney Has Lied To You or Otherwise Mislead You

There is no excuse for this. As the client of your legal case, you are entitled to nothing short of the truth. No matter how inconvenient or upsetting that truth might be, your attorney should never be telling you things he knows are not true. Details may suddenly emerge, law might be changed or repealed, and situations can alter drastically. You should be informed immediately of such detail or if your attorney is altering his or her strategy in any way. If they have ever withheld such information or have ever intentionally misled you, then you need new representation immediately. How can you work with someone that tells you lies, hire someone with good reviews and a trustworthy track record. 

4. Your Attorney Has Demonstrated a Consistent Lack of Compatibility 

Your attorney may have no idea what they’re doing and just lead you to more debt and issues. Legal cases are complex and nuanced. They depend heavily on the small facts which vary with the circumstances. A competent attorney usually only grasp these nuances by understanding their client and their needs. If your attorney just isn’t forming that connection with you, and clearly isn’t understanding your situation, then perhaps you should consider finding one that can. Just be sure that your expectations are reasonable. You don’t hire a mechanic with no experience to work on your car, you would want someone with many years of experience and extraordinary skill. The same goes for a divorce attorney, you want someone with experience and skill

5. Your Attorney Has Demonstrated a Repeated Lack of Knowledge of the Law

People hire attorneys because of their knowledge of the law and the fact that they are trained to apply that law to that law to facts. You are paying substantial amounts of money based on the belief that your attorney is competent enough to give you the best chance of success with your legal issue. 

It should also be noted that legal questions are often complex and nuanced enough there you could argue several different answers or positions for a given legal question. However, if you find that your lawyer has demonstrated clear ignorance or mistaken understanding of an issue of law, or has failed to understand the specific facts of your case; then maybe you aren’t getting the legal service that you paid for

6. Your Attorney Charges Unreasonable Fees

In the same vein as the previous red flag, any legal fees or costs should be reasonable. Even if the attorney in question is competent, and has avoided any of the other misconduct on this list, they should still only be charging fees that are fair and reasonable for the service they are providing. This is such a major issue in the legal profession that there are court-enforced ethical rules which require that all lawyers must charge fees that are reasonable. 

An attorney who charges unreasonable fees can be sanctioned and could even lose their license to practice law. If you suspect that you are being charged too much, don’t be afraid to check prices at other firms, and don’t hesitate to report an unscrupulous lawyer to the state bar of Michigan. Don’t pay more than you need to, make sure you do your research online.

Conclusion 

The best way to see if you need to let go of your divorce attorney is if you are not getting the results you want and the process isn’t going well. Be alert and make sure you are well informed, in most cases attorneys are on your side and will help you every step of the way but there are times when that isn’t how it goes. 

If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions. 

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428 

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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Same Sex Divorce in Michigan

Even if your same-sex marriage is a short lived one, or if there are no children, and if you have always kept things separately, then those rules regarding a standard divorce still apply. This means it is no simpler to get a divorce in a same-sex marriage than it is otherwise. There are still the same technical rules that apply, there are the same limitations, so it is every bit sophisticated as a standard divorce case. In this blog we will be going over same sex divorces and how the process goes. 

Same Sex Divorce 

Just like a straight couple’s divorce, a same-sex divorce is greatly simplified if there are no minor children involved. Issues like spousal support/alimony should be the same as if you were a straight couple. However, the issues of division of property, child custody, and child support have a few wrinkles when it comes to same-sex couples

How is the division of property different for same-sex couples?

Same-sex marriage has only been legalized relatively recently. If you are getting divorced now, it is likely that you lived with your spouse in an intimate partnership with your spouse for a long time before you got married. Normally when a married couple gets a divorce, the court will distinguish between property that is separately owned and that which is “marital” or shared. Typically, only property that was acquired after the couple got married is considered marital property and divided accordingly. This rule is not always fair for a gay couple who has been living together intimately for years waiting for the right to get married. If the two of you have shared a house together, but it is only in one spouse’s name, who should it belong to? It is important for your lawyer(s) to raise issues like this with the family court judge.

How do children effect a same-sex divorce?

A same-sex couple with a child potentially faces many pitfalls and issues that straight spouses do not. This difference is not due to any bigotry or discrimination but is an artifact of certain aspects of Michigan law . The major issue which causes these complications is the fact that same -sex couples often don’t have biological children. Even when they do, it is usually only related to one of the spouses. Such situations are only further complicated by the fact that there is a good chance that the child was either born (via surrogacy) or adopted before the couple was legally allowed to get married. When deciding custody, Michigan law puts a strong emphasis on married spouses and biological parents, which can sometimes disadvantage same-sex couples. If the two partners jointly adopted the child after the marriage, then there is no issue. They are both the legal parents of that child and child custody will follow the same procedure as any other married couple seeking a divorce. If your partner adopted the child before the marriage, and you want any sort of custody rights, it is highly recommended that you obtain a stepparent adoption for that child. Without such an adoption, you have no legal rights to that child unless you and your former spouse reach an agreement through mediation.

A same-sex couple with a child potentially faces many pitfalls and issues that straight spouses do not. This difference is not due to any bigotry or discrimination but is an artifact of certain aspects of Michigan law. The major issue which causes these complications is the fact that same -sex couples often don’t have biological children. Even when they do, it is usually only related to one of the spouses. Such situations are only further complicated by the fact that there is a good chance that the child was either born (via surrogacy) or adopted before the couple was legally allowed to get married. When deciding custody, Michigan law puts a strong emphasis on married spouses and biological parents, which can sometimes disadvantage same-sex couples. 

If the two partners jointly adopted the child after the marriage, then there is no issue. They are both the legal parents of that child and child custody will follow the same procedure as any other married couple seeking a divorce. If your partner adopted the child before the marriage, and you want any sort of custody rights, it is highly recommended that you obtain a stepparent adoption for that child. Without such an adoption, you have no legal rights to that child unless you and your former spouse reach an agreement through mediation.

Conclusion 

Same Sex Divorces will usually be the same as most standard divorces. The best thing you can do is speak to your attorney so everything goes the way you want it to go. 

For more information on divorces in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about divorce in Michigan. 

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428 

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

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Everything You Need To Know About Divorce in Michigan

What is a Divorce 

Divorce is the legal dissolution of a marriage. In order to be able to obtain a divorce, you must meet all of the prerequisites in terms of residency before you can even file for divorce. However, just meeting the requirements to file for divorce is not enough. In order to successfully obtain a divorce in Michigan, you must convince a judge in a family court that your marital relationship has broken down beyond repair and that there is no chance of reconciling. 

Some judges will be satisfied with a simple yes or no answer to this question from the parties involved. Others, however, will expect specific facts and evidence. It is important to consult a lawyer to help you prepare to meet this burden. 

There is no surefire objective way to tell if you need a divorce. However, there are often signs one can look at, such as refusing to live together, persistent fighting and resentment, etc. You should also recall that marriage is a joint enterprise involving you and your spouse. If there is any problem, it will have to be tackled together. If you believe that either of you would be unwilling or unable to do so, then perhaps a divorce is inevitable? In order to file for divorce in Michigan, you must be a resident of the state for at least 180 days (six months) and a resident of the county where you file for divorce for at least 10 days. 

Do I Need to Tell My Spouse About the Divorce?

An important thing to note is that both spouses do not need to participate in the divorce proceedings. While the person filing for divorce has to provide notice to the other spouse, the other party does not have to respond in any way unless they wish to contest some issue of the divorce. The other spouse’s permission is not required, and they cannot simply forbid it. In order for the other spouse to prevent the divorce, they must make their own demonstration to the judge that an irreconcilable breakdown in the marriage has not occurred.

If My Spouse Has Served Me with Divorce Papers, How Should I Respond?

Technically you don’t have to respond at all. Given that Michigan is a no fault divorce state, your spouse can see through their divorce from you without any input from you unless you either challenge the divorce or have children. If you wish to challenge the divorce, then you must file an answer which challenges the assertion that the marital relationship has irrevocably broken down. 

The complaint from your spouse also contains your spouse’s initial claims in terms of custody, spousal support, and child support. If you agree with their idea to get divorced, but disagree with these claims, then you must file a counterclaim. If you fail to respond, you run the significant risk that the judge will grant all of your spouse’s requests. However, filing a counterclaim may create complications if you decide not to get divorced later (see the following section for more details).

What is No Fault Divorce?

Michigan is a no-fault divorce state. That means that you do not have to show any wrongdoing on the part of your soon-to-be former spouse. Just the basic requirement is all that you need. However, fault may become relevant if any aspect of the divorce is contested. If there is fault with one of the parties, and the judge decides to consider that fault in the divorce judgment, that party may get a less favorable outcome in terms of division of assets, alimony, or child custody. If the divorce is uncontested (see the section below), you will most likely be unable to use that person’s fault against them.

“Fault” is a legal term that means any form of wrongdoing that would have been necessary in order to get a divorce in the era before the advent of “no-fault” divorce. This generally meant adultery, domestic violence, or things of that nature. The major takeaway is that while these factors might play into your decision to get a divorce, they are no longer necessary conditions in order for you to get your divorce finalized by a Michigan family court. 

It should be noted that, unlike many no fault states, Michigan doesn’t even offer fault divorce, nor does it have an official list of recognized fault grounds. This might make it more difficult to leverage “fault grounds” to obtain a more favorable divorce judgement.

Fault Grounds

The judge will never actually refer to them as “fault grounds”. Furthermore, they won’t use many of the grounds that would have netted you a divorce in eras past, such as infertility/impotence. After all, the law and government no longer view child bearing as such a central and indispensable aspect of marriage. The court will only really look at infidelity, abuse, neglect/abandonment, or drug/alcohol abuse. These are factors that truly affect the interpersonal relationship between spouses and are typically the result of a willful decision by the at fault spouse. An example of the judge using these factors might be the judge giving the wife a more generous property settlement because the divorce was brought on by her husband’s cheating. Abuse, neglect, or addiction might be used to show that one of the spouses is an unfit parent, which would play into a custody determination. Abuse that causes physical injuries might become grounds for making the abusive ex -spouse pay for some of that person’s medical expenses. Criminal convictions can be relevant in multiple ways. If a criminal record/imprisonment was the root cause of the divorce, then the judge may attach moral weight to that when deciding on the distribution of property. Given the imprisoned spouse’s incarceration, it is unlikely that the court would assign greater spousal support. 

That being said, a criminal conviction is highly relevant when it comes to child custody. A conviction of any kind, especially one that involves incarceration, virtually guarantees that the other parent will receive physical custody and is likely to result in a rather strict parenting time arrangement. In fact, for certain crimes involving sexual abuse or violence towards children; the crime cou ld even result in the outright termination of the defendant’s parental rights. Not every judge will be open to these kinds of arguments, but this is the only part of the divorce process where those factors are permitted to be considered at all in Michigan family court.

Alternatives to Divorce 

Annulment is another option for those who do not want a divorce. An annulment invalidates a marriage based on the judge finding that the marriage was void from its inception or is voidable for some reason. Couples who receive an annulment must not continue to cohabitate. For more information on annulment contact our attorneys at Goldman and Associates. 

A marriage is void when the couple is too closely related (parent/child, aunt/uncle, siblings, nephews, etc.) or where one of the spouses is still in a previous marriage (aka Bigamy). A void marriage cannot continue to be valid and will be nullified even without a court order. A good rule of thumb for distinguishing a void marriage from a voidable one is that the spouses are categorically incapable (by law) of being validly married no matter how willing they are.

Conclusion

At the end of the day, you will need an attorney to have a successful divorce. For more information on divorces in the State of Michigan, watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about divorce in Michigan. 

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428 

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

https://www.youtube.com/watch?v=Rck5ssYUPMs 

Resources 

http://akivagoldman.com/ 

https://www.youtube.com/watch?v=QdoOAHv9PQo&t=2s 

[Video] How To Find A Great Divorce Lawyer In Michigan

It is very common for individuals to find a great lawyer and what is the best attorney for them. Clients tend to gravitate towards attorneys who they think they identify well with. You should use that theme to pick your lawyer. You must remember to find an attorney who shares the same vision and sees the same potential outcome as you.

Try to determine what your vision is for your divorce and also your life post divorce and if you are able to identify your goals, then you should find the attorney who is best suited for you. At Goldman & Associates Law Firm, we will help establish that vision that is best for you, and work tirelessly to achieve that outcome.

If you are considering Divorce in The State of Michigan remember to contact our attorneys at Goldman and Associates Law Firm today if you have questions regarding Divorce or any legal matter.