Our Grand Rapids divorce attorney can help you evaluate your options and fight for a division that is fair. The process of going through a divorce is complicated, so finding the right divorce attorney is necessary to get you through such an emotional situation. It can be very difficult analyze what is marital property and what is separate property, and to figure out what documentation is needed. The lawyers at the MI Family Law Center in Grand Rapids, Michigan, can help you evaluate your options and fight for a division that is fair.
Under Michigan’s No-fault Divorce law every divorce in Michigan is subject to a statutory waiting period. If there are minor children involved, the statutory waiting period is 6 months; if there are no children, the statutory period is 60 days. It is important to remember that just because there is a waiting period, does not mean that you don’t have to timely respond to the divorce proceeding.
If you are personally served with a complaint for divorce you only have 21 days to respond to the complaint; otherwise a default can and most likely will be filed against you. If you are out of state or the complaint was served through the mail you have 28 days to respond. Regardless of the situation, you need to seek the help of professional divorce lawyers immediately so you know the correct waiting period and you can assert your rights properly. Failure to act could be catastrophic in your case. If you have missed the deadline it is incredibly important to seek out an attorney to try and protect your rights before a default judgment is entered against you.
Determining The Marital Estate
Our Grand Rapids divorce attorney represents the best interests of our clients facing a divorce. We expect our clients to be up-front and honest about their assets and not to hide anything. We will assist you in performing a detailed review of you and your spouse’s assets and liabilities.
What You Are Entitled To
As a general rule of thumb, each party keeps his/her own non-marital assets and the marital assets are equitably divided between the parties. Simply put, the assets you owned when you entered into your marriage are yours to take with you. That same rule applies to your wife. Assets acquired during the course of the marriage, no matter who paid for them, are considered marital property, and subject to a fair and equitable distribution.
Commingling of Funds
Under Michigan Law when non-marital assets/funds are mixed together with marital assets/funds it can cause them to lose their non-marital status and cause them to become subject to division.
The issuance of a judgment of divorce may not mark the end of your legal difficulties with your former spouse. This is particularly true where you have children in common or your judgment requires payments towards joint debts.
Our Grand Rapids divorce attorneys will provide aggressive representation for post-judgment enforcement or modification proceedings. If you have questions or concerns following your divorce, contact our office to schedule a confidential consultation with one of our attorneys.
Providing Representation for Divorce Decree Modification
Circumstances change. In some cases, the terms outlined in a divorce decree become unreasonable or unfeasible after the divorce is finalized. Whatever changes you may be facing, our attorneys can effectively advise you of your rights and options.
For example, if you were ordered to sell your house so that you could pay certain bills, but have since found alternate ways to pay these bills, we will help you seek modification of the order to avoid selling your house.
Effectively Addressing Post Judgment Enforcement Matters
Your divorce decree will establish the terms of your ongoing interactions with your ex-spouse. If they are not complying with these terms, or if they have accused you of failing to meet your obligations, you may be headed back to court. Our attorneys can effectively assist you in representing your interests during post-judgment enforcement proceedings.
It’s good when people agree; it’s even better when that agreement is legally enforceable in the future. Even if you and your spouse have agreed to separate and can agree on the terms of a divorce, it is important to make sure that you are protected and that you get a divorce document which effectuates your agreement. Many times it is better to be the Plaintiff and to control the action of the case, rather than being listed as the Defendant and having a duty to respond or having to wait for the other party to complete all the necessary documentation in accordance with the terms of the agreement.
Our divorce lawyers in Grand Rapids, Michigan dedicate themselves to protecting the rights and interests of our clients during a divorce. During uncontested divorce proceedings, we review divorce documents to ensure that these documents state our clients’ declared wishes and protect their future interests.