If you’re thinking of getting a divorce, people will ask where to start when filing for a divorce. Attorneys are not the place to start if you’re still debating whether to pursue a divorce or not. That choice shouldn’t be made with the involvement of attorneys. You ought to have already made up your mind before entering a lawyer’s office.
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After deciding to file for divorce, the best place to start is by speaking with a lawyer. You must be prepared to discuss your marriage honestly before meeting your attorney. You must be ready to talk about information about assets, children, and income. The information that your attorney needs to take a stand on issues. Divorce issues like child custody, child support, alimony, and property distribution.
What do you need to do?
Start with you. Before you file for divorce, make sure you’ve tried everything to try to make things right. You might change your mind. But then, it may be challenging to withdraw your divorce petition. Especially if you have served your spouse already. The court has the authority to grant a divorce even if only one spouse desires to dissolve the union. Before requesting a divorce, see whether you still want to try marriage counseling. You may still have a chance to work it out.
The choice to file for divorce should have been decided firmly already. A done deal before meeting a lawyer. You’ve already decided to file for divorce if you’ve called a divorce attorney. Avoid making a divorce filing decision during your consultation with your lawyer. You alone, not your attorney, have the power to decide that. Divorce is a deeply personal choice that shouldn’t be made hastily. Your attorney is not equipped to tell you whether you should end your marriage. Or under what conditions you should make that decision.
What do I need to start with legally?
Start with your residency. In Michigan, there is a residency requirement according to state regulations. You must have spent at least 10 days residing in the county where you are filing for divorce before filing. The normal rule is that before filing for divorce, you must have resided in Michigan for at least six months.
The phrase “residency requirements” is talking about a minimum amount of time. It is the mandated minimum a person must spend living in a state before filing for divorce there. Having a residency in a state merely denotes that you have been present in the state for a specific time. You must be able to assert and prove that you or your spouse meet the residency requirement. If you’re unable to assert that your divorce case may be rejected or dismissed.
Some states only need you to meet residency requirements. Other states also require you to present documentation of your residence there. Domicile is a harder standard to meet. You have to convince the judge that you intend to stay after the divorce.
Courts typically define “domicile” as the location you believe to be your permanent residence. The location you always intend to return to. A location of choice whether on vacation or a protracted business trip.
We posted an article just on the topic of residency. Read our blog here to make you understand the point and legal construct behind the residency requirement in the state of Michigan.
What do you need to prepare?
After you have finally decided to move forward with the filing for divorce, time to prepare. How much information about your marriage can you put together? Now is the time to put together in writing what you know about your married life. All the things you acquired in marriage. Write about the asset you consider personal and separate. Write details about your family. Let’s go through that quickly and check what you need to prepare before meeting up with your attorney.
This will involve a lot of technical formalities. Without all the facts, your lawyer won’t be able to provide you with a definitive response. Your attorney should have a basic understanding of the possibilities accessible to you. You have to supply accurate information. Give honest and open responses to the common questions in the pre-engagement interview.
Be clear about the results you want from your divorce.
Consider your point carefully. Decide on your main and secondary divorce objectives. It can be of great use to your divorce lawyer. What is most important to you as your divorce process develops? The most important issue to resolve, in the opinion of some, is what to do with the marital home. Some individuals emphasize child custody. What you hope to accomplish will be relevant to your divorce lawyer. Your lawyer can provide you with an honest and realistic evaluation of your goals. Your likelihood of success for each. Possibly even assisting you in arranging the priority of your goals.
Put the specifics of your marriage in writing.
You can save a ton of time by outlining the details your lawyer will need. Include information such as your entire name, address, phone number, and birthdate. Include your own social security number with your email address. Give your children’s full names, birthdates, and SSNs. Include your spouse’s name, occupation, and yearly income. Find out if you or your spouse has children from a prior relationship. Include the dates of your wedding and when you or your spouse moved out of the marital home.
Recall any relevant details for the conversation.
Each divorce case is distinct. Ensure that everything is communicated to your attorney. One of these problems is how to divide up marital assets. Child support and custody are more concerns. You must also account for spousal support. The legal procedure for each of those matters will be described by your divorce lawyer. It includes what to expect in terms of timing and procedure. You should be well-versed in the possible outcomes by the time you leave the meeting. Your attorney would have walked you through the major divorce processes.
Divorce is a highly delicate legal issue. The entire family is affected. Many couples may be forced to consider employing legal counsel. For some for the very first time to defend their rights. You need a knowledgeable attorney with competence. You also want someone who understands your situation. Understand it with the appropriate degree of empathy. Prepare yourself for the first consultation. At your first meeting with your lawyer, find out a lot about him or her.
Bring relevant documents to the case.
Gather the required paperwork and bring it to your first meeting. Your attorney can speed up the divorce process with the aid of documents. The paperwork you need will depend on the many legal difficulties or conditions.
Alimony: The amount of support for the spouse is based on their respective incomes. The most recent tax returns, year-end W-2 documents, and pay stubs should be brought with you. Income is the total sum of money earned, not just from one main source.
Child Custody: Some factors will determine child custody. Keeping track of the work schedules of both you and your spouse could be handy. Specify what you want for holidays, birthdays, and any other important dates.
Child Support: If you have children, you should discuss how much it will cost to raise them. Compile your most recent pay stubs and your spouse’s pay stubs. Include the most recent tax returns as well as year-end W2 statements. Prepare a breakdown of the costs involved with the children’s extracurricular activities. Make a note of the children’s medical expenses and the cost of their childcare or education. Pay attention to your health insurance premiums.
Division of Marital Assets: Your attorney needs a list of assets. Your attorney needs to split marital property appropriately. Your attorney requires ownership details and values at the time of the marriage. If they acquired them, their valuations both now and at the time of acquisition. This applies to residential and commercial properties, including savings, bank accounts, stock brokerage accounts, vehicles, and personal goods. Most possessions obtained during a marriage are classified as marital property. The court will equitably divide these assets. Your divorce attorney may be able to get this information if you are unable to do so. Legal discovery throughout the divorce process can be used to get it.
Debts and Liabilities: Provide evidence of your own and your spouse’s debts and liabilities. This is besides the marital assets already mentioned above. This will cover credit card loans, mortgages, school loans, business loans, etc.
Copies of any court orders or agreements should be included. anything relating to the parties concerned. This refers to the prenuptial agreement and the custody arrangement. If one has been filed, the divorce complaint could be included.
Divorce procedures are exceedingly difficult. Those affected may experience strong emotions as a result. It is important to have a support system available during this time. You should bring a member of your immediate family with you. You can make use of this person to listen, inquire, and make notes.
How do you start the divorce process?
Start by choosing your attorney. Before you contact a divorce attorney, you should have made your mind up to file for divorce. Do not decide on whether to file for divorce during your first consultation. Your lawyer is unable to make that decision for you. Divorce requires a lot of personal sacrifice on your part. Your attorney should not be offering advice on how you should make decisions to file for a divorce.
The initial meeting with a divorce lawyer is very important. This is your opportunity to assess the lawyer’s expertise and knowledge. This is an opportunity for you to define your expectations for the divorce procedure. How often will you be in contact by phone and email? What will it cost? You will be talking about the basic approach that will be taken in your case.
We posted two articles about finding and getting to know your attorney. Read “How Do I Know I’m Hiring the Right Attorney for My Family Law Case in Michigan?” Go read the “5 Questions to Ask Your Family Law Attorney” next to give you a guide in preparing to interview your family law attorney.
Lawyers come in a variety of personality types. They use a variety of tactics. The first thing you should think about is what you envision for your family law case. You must find out whether your attorney shares your expectations for the outcome. You’ve chosen an attorney if you both agree on the desired outcome of the case.
It is ridiculous to expect your lawyer to magically appear with a solution. They don’t operate in that manner. Every circumstance is unique. Care must be given specifically to each circumstance. The court also has the same viewpoint. The court goes slowly, as is well known. To conclude, they deliberately take incremental steps. When selecting an attorney, be methodical. Your legal issues are not pre-packaged with ready-made answers.
It’s neither cheap nor easy to be a family lawyer. A two-year undergraduate degree is a requirement. It is set forth by the Michigan Board of Law Examiners. This translates to 60 semester hours or 90 quarter hours of study. You should do this before applying to law school. Candidates must hold a bachelor’s degree before getting into law school. The law school must be recognized by the American Bar Association (ABA). Students will need a great deal of litigation experience after completing the program. It is their chance to put their legal education into practice during the experience.
An excellent family lawyer will be understanding of your position and empathetic. Regardless of gender, you may count on your lawyer to fight tenaciously for you to fix your legal problem. The goal is to assist you in looking forward and moving on with your life. Make sure your lawyer understands your viewpoint first. Your perception. If not, let your attorney provide an alternative strategy for a solution you can live with.
You want someone with a solid reputation for legal knowledge. To win your case, you should be willing to collaborate with your attorney. Working cooperatively is necessary between you and your attorney. Cooperation helps in choosing how to approach the many contentious issues of divorce.
You can depend on your attorney to tell you how to communicate what has to be done. You can expect your attorney to speak for you in communications. Expect to be respected, and extend the same courtesy to your attorney. If you can’t maintain a professional relationship, expect your lawyer to leave.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.