Divorce is fairly common in the United States, with nearly 1.4 million people getting divorced in one recent year. While some divorces are amicable, others are contentious. Divorce is difficult in the best circumstances, but it can be especially harrowing when couples disagree on crucial matters like child custody and the division of assets.
If you are going through a contested divorce, you need an experienced Michigan contested divorce attorney to protect your rights and future. At Alward Fisher, we understand the challenges you face during a contested divorce and can find a solution with your best interests in mind. With over 100 years of combined legal experience and a qualified team of 10 top-tier attorneys, we are prepared to handle even the most complex cases. Contact Alward Fisher today to speak with a contested divorce lawyer in Michigan.
What is a Contested Divorce?
Since Michigan is a no-fault divorce state, neither party has to prove that the other did anything wrong.
A Michigan contested divorce occurs when the spouses disagree on some or all of the critical matters that need to be settled before the marriage is dissolved, including:
- Custody of minor children – Under Michigan law, decisions about child custody must be made with the child’s best interest in mind. Thus, the court generally prefers ex-spouses to share custody, but it depends on the specifics of the case. Parents may disagree over the environment in which to raise the child or other important decisions.
- Child support – Even if one parent has primary custody, both parents should cover the costs of raising the child to preserve the child’s quality of life even after divorce. Typically, the parent who does not have primary physical custody of the child will pay child support to the other parent.
- Alimony payments – Alimony is financial support that one spouse provides to another to maintain their standard of living. A judge will determine whether to award alimony based on several factors, such as each spouse’s age and overall health.
- Division of assets and debts – Marital property that needs to be divided may include the marital home, shared bank accounts, investments, vehicles, home furnishings, and other personal property.
How Does a Contested Divorce Work?
A contested divorce in Michigan can be a long and expensive process without the help of a knowledgeable divorce lawyer. If you and the other spouse cannot agree on the terms of the divorce, the judge overseeing your case may order you to meet with a mediator to resolve outstanding issues. If you and your spouse still cannot agree, you may need to attend several court hearings for a resolution. In that case, a judge will hear the evidence in the case and render a final judgment.
While the judge will aim for a fair result for both parties, it is best to hire an experienced divorce attorney who can negotiate outside of court for the best possible outcome in your case, keeping your needs and goals in mind throughout the divorce process.
Common Reasons For Contested Divorces
Contested divorces occur for various reasons. Disagreements over child custody and support, division of assets, and other matters are often rooted in deeper conflicts within the marriage. Because these conflicts are likely irresolvable, divorcing spouses may attempt to get back at one another by fighting over child custody and parenting time, pursuing sole ownership of shared assets, and otherwise trying to “win” in a situation that requires a fair solution.
The Difference Between Contested and Uncontested Divorce
The critical difference between contested and uncontested divorce is the presence of agreement. In an uncontested divorce, the couple agrees to end the marriage and generally agrees about essential matters related to shared children, assets, and property. They may not completely agree on all the details, but they typically have a mutual desire to make the process amicable and avoid conflict. They may use tools like mediation to help them arrive at a compromise.
In a contested divorce, the spouses do not agree about what should happen to their shared children or assets after divorce. They may have significantly diverging opinions related to these matters. In contested divorces, one spouse is often fully committed to the divorce process, while the other is resistant. Disagreements about the terms of the divorce can lead to more complex issues that require the help of a dedicated lawyer.
Contested and uncontested divorces may also differ in the time they take to resolve, the associated costs, and the legal process itself. Uncontested divorces often take much less time to complete, cost less, and have more straightforward terms, while contested divorces can lead to mediation, multiple court hearings, and additional costs.
When Should I Get a Lawyer Involved?
Regardless of who initiates divorce proceedings, you should contact a contested divorce attorney immediately. A lawyer with experience handling contested divorce cases can protect your rights from the start to ensure a fair outcome. In a contested divorce, you need an attorney to represent your best interests, especially if disagreements exist over child custody, child support, alimony, or the division of assets. A lawyer can fight for what you deserve.
Your contested divorce lawyer can also answer all your questions about your case, fill out and file the paperwork associated with your divorce, stay on top of court deadlines, and keep you informed as to the progress of your case. Contested divorces are complex—you need a skilled legal representative in your corner throughout the divorce proceedings, especially if there are children involved.
Contact the Contested Divorce Lawyers at Alward Fisher Now
If you and your spouse have decided to end your marriage but disagree on how to proceed, a contested divorce lawyer in Michigan can help. The attorneys at Alward Fisher have more than 100 years of combined experience providing highly professional and personalized legal services to clients facing difficult situations, including contested divorces. We’re here to fight for your best interests and uphold your legal rights.
Contact us today for a consultation to discuss your contested divorce case. We look forward to hearing your story, addressing your concerns, and helping you understand your legal options.
