Divorce Attorney in Elk Rapids, MI

When we get married, we plan to be with our partner for the rest of our lives. Unfortunately, that doesn’t always happen. If your marriage has broken down beyond the possibility of repair, it may be time to move on, whether or not someone is at fault for the rift. An experienced Elk Rapids divorce lawyer can help you navigate this difficult chapter of your life and move on to the next.

At Alward Fisher, our Elk Rapids family law attorneys have more than 100 years of combined experience. We’ll leverage that experience to advocate for your needs and make the divorce process as efficient and painless as possible for you. Contact us today for a confidential consultation.

Do I Need a Lawyer to Get a Divorce?

You do not need a lawyer to file for divorce, but it’s usually a bad idea to go without one. There’s a lot at stake in filing for divorce, from who will keep your family home and other assets to how child custody will work. If you and your spouse don’t agree on the terms of the divorce, you could end up losing a lot without help from an attorney.

Even if you and your spouse largely agree on the terms of the divorce, you’ll want an attorney to review any agreement you reach to make sure it’s reasonable, fair, and in compliance with state law. Regardless of whether your divorce is contested or uncontested, an Elk Rapids divorce lawyer can keep your case moving smoothly, assist with the necessary paperwork, and fight for your spousal and parental rights.

Understanding the Divorce Procedure in Michigan

Before you can file for divorce in Michigan, you need to meet the state’s residency requirements. These requirements state that you or your spouse must have lived in Michigan for 180 days before filing for divorce, and you or your spouse must have lived in the county where you intend to file the divorce paperwork for at least 10 days prior to filing.

After establishing that you’ve met the residency requirements, you or your spouse will file the initial divorce paperwork with your local family court. The other spouse then has a chance to respond, and your case will be up and running.

What happens next largely depends on how well you and your spouse get along and whether you agree on the terms of the divorce. If you can get along and generally agree, you can probably work out many of the necessary details yourselves and have your attorneys review everything.

If you and your spouse disagree on the terms of the divorce, though, additional steps will likely be necessary. There’s a good chance you will be ordered into third-party mediation by the family court judge. If that fails, court hearings will be necessary to sort out the issues.

What You Need to Consider in Divorce

There are many issues to weigh when you’re going through a divorce. Some of the most important considerations are:

• Child custody and parenting time – There are two separate but related considerations regarding which spouse will raise your children after a divorce. Child custody refers to which spouse has the legal authority to make key decisions in the children’s lives. Parenting time refers to how much time children spend with each spouse. Former spouses often share custody while splitting parenting time, but this isn’t possible in every case.
• Child support – Both spouses should contribute to the cost of raising children, even if one spouse has primary custody and has most of the parenting time. Michigan follows a special formula to calculate child support obligations. The formula takes into consideration the parents’ income, the number of children, healthcare expenses, childcare expenses, and other factors.
• Alimony or spousal support – Along with child support, another common issue in divorce cases is whether one spouse should pay alimony to the other. Alimony, sometimes referred to as spousal support or spousal maintenance, can be a touchy subject if one spouse feels that the other is at fault for the end of the marriage. However, alimony is a way for both spouses to enjoy a standard of living close to their pre-divorce levels.
• Asset division – How your shared assets are split in a divorce has a substantial impact on your future. You’ll need to decide who will keep your marital home, any cars you and your spouse bought together, money from your shared bank accounts, and other assets. A divorce attorney can help you fight for your fair share of marital assets.

Common Types of Divorce Cases Our Firm Handles

Here are a few of the common types of divorce cases we handle at Alward Fisher:

• Contested divorce – A contested divorce is when you and your spouse do not agree on the terms of the divorce. A judge may order you into mediation to resolve your issues, or court hearings may be necessary. A divorce lawyer can work to help speed along a contested divorce while advocating for your rights.
• Uncontested divorce – If both spouses agree on the terms of a divorce, it’s known as an uncontested divorce. In these cases, the spouses can often work out the details of the divorce themselves with assistance from their attorneys.
• High net worth divorce – Couples with large, complex estates often have additional complications when they get divorced. There may be rare or hidden assets that need to be divided, and the couple may have to decide what to do about a shared business. If one spouse has significantly more assets than the other, they’ll likely fight hard to keep those assets, so be sure to get help from a divorce lawyer if this situation applies to you.
• Divorce with or without children – Issues surrounding child custody and child support are common when couples divorce, and special care should be taken to minimize the effects of the divorce on children. A Michigan divorce lawyer can help you with child custody issues and make a case for reasonable child support payments if necessary.
• Collaborative divorce – When couples going through a divorce are on good terms, they can often work with their lawyers to resolve issues without the need for mediation or court hearings. That said, it’s still a good idea to have a lawyer review any divorce agreement you reach with your former spouse.
• Post-judgment modifications – If you or your spouse’s situation has changed in the years since your divorce, it may be time to see if the terms of the divorce can be changed. A divorce attorney can help you file the necessary paperwork to seek a post-judgment modification.

Michigan Divorce FAQs

Still have questions about how divorce works in Michigan? Here are some answers to some of the most common questions we get:

Talk to an Elk Rapids Divorce Lawyer Now

There’s too much at stake in a divorce to go it alone. Talk to an experienced, dedicated Elk Rapids divorce attorney to learn about your legal rights. Contact Alward Fisher today for a confidential consultation.