If your husband or wife recently expressed that he or she wants a divorce, you may find yourself feeling a bit confused, concerned, and uncertain as to what you should do. Do you take them seriously, seek counseling, or hire a divorce attorney? The fact is, all are plausible options, but it all depends on the status of your relationship.
If your spouse is one to throw the divorce threat around casually, then maybe it is his or her way of communicating to you that they are not happy and that the relationship needs work. However, if divorce is not something your significant other throws around all the time, then maybe you need to dig a little deeper and find out just how serious he or she is. Either way, when divorce is something that comes up in conversation, you might consider seeking counseling.
How can counseling help a couple when one party wants a divorce?
When you feel that your marriage has the potential to be repaired or your spouse is willing to attempt to work on the relationship so that the two of you can still be together, then perhaps marriage counseling is an option for you. Although marriage counseling isn’t a guarantee that your relationship will be repaired, it has helped other couples experiencing difficulties in their relationship patch up any holes so that they are able to stay together. In the event your spouse isn’t willing to go to counseling and instead insists on divorce, then its time you prepare yourself. How do you do this?
You can begin by gathering some important information relating to the divorce process and hiring a Lansing, MI divorce attorney. Below we have provided some useful information that can help you better understand when a person can file for divorce in the State of Michigan as well as some of the issues you can expect to arise while going through the process.
The first thing you should know is that in the State of Michigan, your spouse does not have to prove fault in order to be granted a divorce. We refer to this as a no-fault divorce. The law explicitly states that “A complaint for divorce may be filed in the circuit court upon the allegation that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. In the complaint, the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language” [Source: Michigan Revised Statute of 1846, §552.6].
Something else you need to understand is that the court will not grant a divorce to a couple unless the complainant (the person who filed the petition for divorce) or the defendant has resided in the State of Michigan “for 180 days immediately preceding the filing of the complaint and, the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.” §552.9 also says that a person is still eligible to file a complaint for divorce in any county within the state without meeting the 10-day requirement when all of the following apply:
1. “The defendant was born in, or is a citizen of, a country other than the United States of America.”
2. You and your spouse have a minor child or children.
3. The court has reason to believe that “the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.”
What issues are addressed in the divorce proceedings?
Given that your spouse meets the eligibility requirements to file for divorce, you should prepare yourself on how you are going to want to address the following issues:
• Child custody
• Child support
• Division of assets and debts
These are only some of the things you are going to have to handle while going through a divorce, so it is best you begin to decide on the type of outcome you are wanting for each. For example, if you believe you are entitled to alimony, you are going to need to be able to prove why your circumstances permit you to collect spousal support. Now, because most individuals aren’t familiar with the divorce process or how to navigate the complex court system, it is always recommended that they retain an experienced divorce lawyer in Lansing, MI. Therefore, if you would like to have a skilled professional assisting you now and throughout the duration of your divorce, don’t hesitate to contact the Law Offices of Stuart R. Shafer, P.C. We are here to answer your questions, address any concerns you have, and aid you in securing a favorable outcome in your divorce.
Our office is also available to provide legal services to those living in East Lansing, DeWitt, St. Johns, Grand Ledge, Charlotte, and Okemos. Call us today if you are seeking legal assistance with any type of family-related matter.
You can reach the Law Offices of Stuart R. Shafer, P.C.at:
1223 Turner Street, #333
Lansing, MI 48906
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