I have a court date coming for my divorce. I don’t have a lawyer. You are probably already in default. Engage a lawyer. If you don’t have any assets and don’t have any children. The result might not interest you. Maybe you don’t need a lawyer. If not, you must have an expert on your side.
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Law is the one area in which lawyers excel. You do not need to ask for favors if you have an attorney. Your attorney can aid you with the process. If you are in default, though, you will be asking for favors. In that circumstance, the court might not be able to assist you. Get legal representation if you have a court date coming up.
Do I really need a court date for a divorce?
You will need to go to court to have a judge settle those issues for you in a standard contested divorce. You will when you and your spouse are unable to overcome your disagreements. Disagreements involved in ending your marriage.
Trials for divorce might last for several hours or even days. You’ll need to attend some court sessions on transitory matters. These matters can be temporary support requests to appoint child custody evaluators. Disagreements over financial disclosures and other evidence, even before the final trial.
When you file for an uncontested divorce, you might still need to show up in court for the final hearing. You have to submit a divorce settlement agreement and other papers to a court for approval. It is a must in some states and some counties in other states. If all goes according to plan, you’ll often get the divorce decree or judgment in the mail.
Even if you must appear in court to complete an uncontested divorce, the hearing will be quick. Court hearings typically take no longer than 15 minutes. The judge will just quiz you on a few points. These are queries to make sure you understand the terms of your signed divorce agreement. And that you meet the state’s divorce standards.
Do I need a lawyer in my divorce case?
An attorney will frequently explain the divorce process to a prospective client. It’s done during the initial meeting. They could provide the client with a broad picture of what to expect during the divorce. Without much more precise information, it is unlikely that the lawyer can act on the case. They still have to determine what approaches they might use in the case. Or what the anticipated outcome would be. They have not had enough time to analyze the specifics.
Some people believe a brief consultation with a lawyer has given them all the knowledge they need to act. To act as their own counsel in a divorce. It simply isn’t true.
You can start the divorce process yourself. Michigan statutes allow you do so. You can file a divorce complaint with any of Michigan’s circuit courts. You pay the appropriate filing fees. The court issues summons and the parties must be properly served with the summons. Follow the required procedures prescribed by the Friend of the Court or FOC. This is important if your divorce case involves children. As mentioned before you have to file petitions for hearings. You must inform the parties about these hearings. Parties must respond to petitions and motions. Both parties will need to attend hearings.
You have to be familiar with all these processes.
Consider speaking with an attorney about your rights and options. If your spouse has filed for divorce you are the defendant in the divorce case. It is difficult to represent yourself in a divorce lawsuit.
Get a strong legal representation the more difficult the issues in your divorce are. Consider consulting a lawyer if
[ a ] You own property;
[ b ] You have a retirement plan or account;
[ c ] You have children while married. One spouse is a non-biological parent.
[ d ] You must pay alimony (spousal support);
[ e ] You experience physical, verbal, or emotional abuse;
[ f ] Divorce is based on one or more significant points of disagreement.
Somebody must draft the judgment of divorce. The court enters judgment once all conditions are met. The court prepares a domestic relations order. The order will specify asset distribution as part of the divorce judgment. The court schedules the last hearing for the final divorce judgment.
It’s a quick rundown of what needs to be done in a divorce case. Each one has the potential to go sideways.
People who “do it themselves” make blunders. Monumental mistakes that lead to protracted delays and case dismissals. You can end up making poor choices about support and custody. Or make decisions about property unfavorable to your case. It is in your best interests to have sound legal advice. Find a highly skilled family law attorney because a divorce case is so intricate.
If you do not have an attorney and your spouse has, it is more probable that your spouse will get better outcomes. It is also against the law in Michigan for one attorney to represent two parties in the same proceeding. You shouldn’t ever consider “sharing” a lawyer in a family court case with your spouse.
Divorce attorneys can help you in ways more than merely arguing your case in court. Lawyers can prepare you for mediation and provide you with behind-the-scenes guidance. You can hire a lawyer to prepare or check your settlement agreement.
Your attorney can assist you even with a contentious divorce. Your lawyers may be able to reach an agreement to avoid going to trial.
Are there alternatives to a court in the divorce process?
Your aim should be to prevent a trial if you are currently pursuing a divorce. In reality, divorce disputes are resolved outside of court in about 98% of cases. It is preferable to resolve your conflict out of court. It is a better option than resorting to litigation. In custody cases you have rights. Decisions on custody and parenting time should be agreed upon by both you and the other parent. Parenting time and custody agreements should be determined by the parents, not the legal system.
If you don’t want the inconvenience and stress of court proceedings, avoid a contested divorce. There are several strategies for avoiding a contested divorce trial. You and your spouse have the option of trying to settle your differences on your own. Or avail yourself of the “alternative dispute resolution” or ADR techniques. One that is particularly effective is mediation.
Negotiating the divorce agreement with your spouse.
You and your spouse can try to come to an understanding of all the divorce-related concerns. Communicate well and work together. Have a comprehensive view of your finances. Start by establishing a list of your assets and debts. It would be a good idea to do some preliminary study of the scope of a divorce agreement. Understand more about the subjects you’ll need to cover so you don’t forget anything.
Divorce problems typically involve the following:
[ a ] How you’ll split up your assets and assign who will be in charge of paying off your obligations. Including how you’ll handle the family home.
[ b ] If either of you will pay spousal support or alimony, how much and how long, and if so, how much?
[ c ] Child support and your child custody plans. Including a parenting plan, if you share custody of minor or dependent children.
Discuss and settle the above matters before you file for divorce. if you can settle all these matters, the court will consider your divorce uncontested.
Using divorce mediation.
You can seek help from mediation if you and your spouse haven’t been able to come to a settlement on your own. In divorce mediation, a skilled, impartial specialist will work with you and your spouse. The specialist will pinpoint the problems and assist you in coming up with solutions.
Sessions tend to be informal. They frequently take place at the mediator’s office. Another increasingly popular option is online mediation. Attorneys may attend the sessions with the spouses, but it’s not necessary. In fact, having attorneys present could be ineffective. Especially if one of them is aggressive or combative.
The mediator will often create a written record. This written record contains agreements you and your spouse have made. You can use that as the foundation for the settlement agreement. The settlement agreement is the document you’ll present to the court.
Mediation has benefits and drawbacks. Mediation fees can vary but they are often less expensive than contested divorces. Contested divorces often need the engagement of attorneys by both parties. There are times when mediation is inappropriate. It may not be effective particularly when there is domestic abuse. It may not be appropriate for a divorce with a lot of conflicts, or a significant power imbalance.
Using collaborative divorce.
Another ADR method is collaborative divorce. Collaborative divorce is not structured the same as mediation. The aim of collaborative divorce is the same: to reach a settlement.
There is no mediator or other middleman in a collaborative divorce. Instead, the spouses take part in “four-way” meetings. The aim of these four-way meetings is to come to a consensus while each has an attorney. Lawyers that use collaborative law have specialized training in this field. States don’t allow attorneys to represent the spouses in the next court hearings. This is if the discussions fail. It helps to guarantee the attorneys stay focused on the settlement.
A “team” philosophy underpins collaborative law. To come to an agreement, all participants must cooperate. When child custody is a concern, both spouses must agree on the neutrality of any specialists. A specialist is often involved in the process. Specialists in the case could be accountants, property appraisers, and child psychologists.
Do feel more at ease having a lawyer during the settlement process? You are more likely to choose collaborative divorce than mediation. But keep in mind that if you can’t come to terms, you have to hire new lawyers and begin the legal divorce procedure.
Remember this. A lawyer helping you in the mediation process cannot represent you in the next legal action. Your new attorneys will need to learn everything about the case from scratch. This could lead to a significant increase in your legal costs.
Using divorce arbitration.
Divorce arbitration is another ADR method. You may use divorce arbitration if you don’t think you can reach a resolution. You want someone other than a judge to make the decision. An arbitrator will evaluate your case and deliver a ruling. This is like how a court would do following a trial. It is unlike mediation and collaborative divorce which are more on settling your case.
In comparison to a court trial, arbitration has some advantages, such as:
[ a ] The selection of an arbitrator is a decision both you and your spouse make. You cannot select the judge in court.
[ b ] You may decide to relax the standard guidelines for evidence. You have an alternative other than having a witness testify in person. You can agree to have them submit a written statement that has been sworn to.
[ c ] You can agree to set the dates, times, and length of your arbitration sessions. That luxury is not available in a regular court where contentious divorces can drag on for almost a year. You can spend hours each time you visit court just waiting for a judge to become available.
Divorce arbitration has significant disadvantages as well:
[ a ] In most cases, you cannot challenge the arbitrator’s judgment. A court trial gives you the opportunity to appeal the judge’s ruling.
[ b ] Arbitration can be expensive. Not only are you paying your lawyers’ fees, but you’re also paying the arbitrator as well.
[ c ] Not all states may allow divorce arbitration. To learn if it is a choice where you live, speak with a local attorney.
There are several things you may do to safeguard yourself while going through a divorce. It is crucial to first understand your rights and what you are entitled to. You can then decide on the terms of your divorce with more knowledge.
Realistic expectations for how your divorce will turn out are also crucial. You are quite unlikely to get everything you desire from the divorce. Try to concentrate on what is most important to you. On everything else, be ready to make compromises.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.