If you are thinking about filing for divorce in Michigan, it is important to understand the steps of the typical divorce process. If you have questions along the way, working with a knowledgeable Michigan divorce attorney is within your best interest.
Step One: Physically Separating and Filing for Divorce
The first step of divorce is typically physically separating from your spouse, with one party moving into a separate room or home. This is often quickly followed (or preceded) by filing for divorce. In order to file for divorce, you will need to fill out the requirement paperwork, including a divorce complaint and summons, and file these papers with the court. Then, you will need to make sure that your complaint is served to your spouse.
Step Two: Hiring a Divorce Attorney
Many people choose to hire a divorce attorney before actually filing for divorce – either way, having a divorce attorney on your side is valuable, even if you and your spouse are in agreement regarding how assets will be divided, child custody, etc. During this time, you and your attorney will work together to determine what you want from the divorce. If your spouse is in disagreement, you will move to step three.
Step Three: Divorce Discovery and Depositions
During this phase of the divorce process, you and your spouse will both have the right to learn about the other’s finances and living situation. Your attorney can also depose witnesses and experts, which means getting sworn testimony from them that could be critical to your divorce settlement.
Step Four: Mediation
During mediation, you and your spouse will have an opportunity to work through issues in your divorce – such as who will get what and with whom the children will live – without the interference of a judge. Being able to resolve issues in mediation is ideal, as it can save you money, time, and stress moving forward.
Step Five: Divorce Court
If you are unable to resolve things during mediation, then your divorce will go to court. In court, you will have an opportunity to present your side of things to the judge, and advocate for your interests. Your spouse will be able to do the same. The judge over your case will have the final say in your divorce outcome. Again, it is very important that you have an attorney on your side to represent you if your case goes to court.
Contact the Law Offices of Michael A. Robbins Today
At the Law Offices of Michael A. Robbins, we realize that there are also emotional stages to divorce in addition to legal ones, and we know that you may be feeling anger, sadness, or despair during this time in your life. We will work hard for you to protect your interests during a divorce, and have more than 30 years of experience that we will put to use.