Filing for divorce can be overwhelming. You’re tasked with making complex legal decisions about your property, your children, and more, all while handling the emotional weight of ending your marriage. This is not a process you should have to deal with on your own. Let us stand by your side as you pursue a stronger future and embrace this fresh start.
At Bowden Law, PLLC, our family lawyer, Alison Bowden, has been serving those in Clinton Township and beyond for more than two decades. Schedule a free consultation today to discuss your divorce if you are located in the surrounding areas of Michigan, including Macomb County, Mt. Clemens, Sterling Heights, St. Clair Shores, or Harrison Township.
While some states allow an individual to argue that their spouse did something that caused the marriage to fail, Michigan is a no-fault divorce state. This means that to file for divorce, you must simply claim that there was a breakdown in the marriage and there is no hope for reconciliation.
When you file for a no-fault divorce, you don’t have to inform the court of what went wrong, claim that your spouse behaved badly, or even be in agreement with your spouse on whether or not a divorce is the right path forward. The only requirement for filing is that you or your spouse must have resided in Michigan for at least the last six months before pursuing a divorce.
Unlike community property states, Michigan divides marital property based on the equitable distribution theory. This means that property is divided based on what’s fair under the circumstances surrounding each specific case.
As you navigate your divorce, your property will be considered either marital or separate. Marital property can be distributed to both you and your spouse. Usually, this kind of property includes homes, cars, retirement accounts, pension plans, and more. It is important to remember that marital property does not just include assets received during the marriage, but earned during the marriage as well.
To divide the property equitably, the judge will consider the length of the marriage, as well as various factors regarding the individuals involved, like their health, ages, life statuses, financial needs, earning abilities, and more. Once all relevant circumstances have been taken into account, a fair allocation of the marital property will be determined.
Making choices about your children’s future and care can be some of the most difficult in divorce proceedings, but we’ll be here to help you seek an arrangement that is fair and favorable.
There are two kinds of child custody in the state of Michigan: legal and physical. Legal custody gives a parent the ability to make important decisions about the child’s schooling, religious upbringing, and medical care. Physical custody refers to who your child lives with. Both kinds of custody can be either solely held or jointly held by one or both parents.
While a variety of factors will come into play as you strive to establish a custody arrangement, the judge will ultimately make a decision based on the best interests of the child.
When determining whether or not spousal support should be awarded and how much, the judge will consider similar factors to those involved in property division, including the length of the marriage, each spouse’s conduct during the marriage, each spouse’s ability to work, and more. In addition, the judge will decide whether any spousal support awarded will be temporary or permanent.
Child support is calculated using a specified formula that takes into account the income of both parents, the number of children involved, and the number of overnights the child spends with each parent.
If you and your spouse cannot come to an agreement on spousal support or you’re seeking a child support arrangement that fits your needs, let us strive to protect your best interests.
Don’t wait to get the guidance you need to navigate the many legal difficulties that accompany a divorce. Schedule a free initial consultation with our compassionate family lawyer, Alison Bowden, in Clinton Township today. We serve the needs of those in the surrounding areas of Macomb County, Mt. Clemens, Sterling Heights, St. Clair Shores, and Harrison Township.
If you are filing for divorce, let us help you embrace this fresh start and build the stronger future you deserve. Reach out to our attorney in Clinton Township today to discuss child custody, child support, spousal support, parenting time, property settlement, and more. We’re here to help you move forward with confidence.