Michigan Divorce Lawyers

How to Obtain a Divorce in Michigan

Because Michigan is a no-fault divorce state, neither spouse has to prove wrongdoing to obtain a divorce.

Instead, one spouse must state in the circuit courts that the marriage has broken down to the extent that “the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved”, according to Section 552.6 of Michigan Law.

A spouse may file their divorce in Michigan if they or their partner have lived in the state for at least 180 days before filing. Additionally, the divorce must be filed in the county where either spouse has resided for at least ten days.

Once a divorce has been filed, the other party will be served with divorce papers. After this, settlements can begin to be negotiated. If settlement agreements cannot be reached, divorce proceedings may take place in court.

The Importance of Mediation in Michigan Divorce

Our decades of experience have shown that almost every divorce case involves mediation. This process typically takes place using a neutral mediator, such as the certified divorce mediators at Heath & Kolomjec.

This mediator skillfully facilitates discussions between both parties to reach mutually agreeable solutions on various issues that need to be addressed during a divorce.

The most common issues that need to be agreed upon are:

• Child custody
• Parenting time
• Asset division
• Spousal support

For many, mediation is a cost-effective and less adversarial approach that promotes cooperation, making it especially beneficial for parents who will need to co-parent after divorce.

Asset and Debt Division

Michigan law adheres to the principle of equitable distribution, meaning that marital assets and debts are divided ‘fairly’ — though not necessarily equally.

To fairly divide assets, courts consider factors that may include the length of the marriage, each spouse’s income and contributions, the needs of each party, and any misconduct that led to the breakdown of the marriage.

In our years of experience, the most common marital assets that are sought after during a divorce include homes, retirement accounts, businesses, and vehicles.

Conversely, marital debt, such as mortgages, loans, and credit card balances are most often contested as being the other party’s responsibility.

Our divorce attorneys have used their insights and experience to help countless Michigan residents like you receive the best outcome possible regarding the division of their assets.

High-Asset Divorce

Divorce often becomes even more complex when substantial assets are involved, thus requiring specialized legal strategies to safeguard financial interests.

High-asset divorces may involve:

• Business ownership
• Complex investment portfolios
• Retirement and pension plans
• Stock options and deferred compensation
• Real estate holdings
• Inheritance and trust funds

A key aspect of any high-asset divorce is accurate valuation of assets. The divorce attorneys at Heath & Kolomjec ensure that a thorough assessment takes place to create a fair division of assets.

Additionally, our lawyers also aggressively litigate in court, negotiate settlements, and take any other necessary steps to secure the best possible outcome for our high-net-worth clients.

Contested and Uncontested Divorce

Uncontested divorce

In an uncontested divorce, both spouses agree on all issues such as property division, spousal support, and child custody.

Because of the agreement of both parties, these cases typically proceed more smoothly and quickly, saving time and legal expenses for everyone involved.

The Certified Collaborative Divorce Attorneys at Heath & Kolomjec have the legal experience needed to facilitate every aspect of an uncontested divorce, drafting clear agreements that protect the most important interests to each party.

Contested divorce

However, not all divorces see both parties agreeing on key issues. In these cases, a contested divorce will likely take place.

Contested divorce cases often require litigation and can be lengthy and complex. As experienced litigators, Heath & Kolomjec aggressively advocate for our clients in court, ensuring their rights are upheld throughout the legal process.

Post-Judgment Modifications

The fact is, a person’s circumstances in life can change. As a result, divorce agreements may need to be modified.

Section 722.27 of Michigan Law authorizes courts to allow modifications to child custody, child support, spousal support, and parenting time if there is a substantial change in circumstances.

These changes to circumstances may include:

• A significant increase or decrease in income
• Relocation of a parent
• A child’s changing needs
• Health issues affecting either party

If circumstances in life have changed, our divorce lawyers can assist clients in modifying divorce agreements related to support, custody, and other key issues.

Military Divorce

If one or both spouses are in the military, there are unique considerations and legal complexities in a Michigan divorce.

The divorce lawyers at Heath & Kolomjec know how to handle military divorces, including those involving the Uniformed Services Former Spouses’ Protection Act (USFSPA), the Servicemembers Civil Relief Act (SCRA), as well as other benefits or protections that may affect residency requirements, property division, and military benefits.

Additionally, our firm will ensure that service members and their spouses receive fair treatment under the law. We also assist with issues such as military retirement pay, survivor benefits, and custody arrangements that accommodate deployment schedules.

“Gray” Divorce

Research has shown that divorce among those who are of a retirement age, also known as “gray divorces”, have become increasingly common.

These types of divorces differ in a number of ways compared to most other divorces, especially with their focus shifting from child custody issues to dividing assets.

Specifically, the assets often in focus during a gray divorce include:

Property

Since gray divorces often deal with those over the age of 50, there are typically significant assets that have been acquired which need to be divided. One of major asset category is property, which can often include primary residences, vacation homes, and possessions.

Retirement accounts

In most gray divorces, retirement accounts are highly sought after. These can include 401(k) accounts, IRAs, pensions, and other financial assets.

Debts

On the opposite side, there are sometimes significant debts and liabilities that have been acquired before or during a marriage that need to be managed during a gray divorce.

Spousal support (alimony)

In some cases, one mate may have been the primary source of income during a marriage that is ending in a gray divorce. In these cases, alimony can be a focus.

Estate planning

With both parties being in their retirement years, it’s common for wills, trusts, and assets needing to be revised during a gray divorce to account for changes in the wishes of each party.

Heath & Kolomjec have extensive experience helping clients during a gray divorce. Let us help you ensure your assets, accounts, and other cherished possessions get divided fairly.

Certified Collaborative Divorce Attorneys in Michigan

Collaborative divorce is a forward-thinking approach that prioritizes negotiation over litigation.

In this process, both parties and their attorneys agree to settle matters outside of court, working together to reach a fair resolution.

This approach minimizes stress, fosters cooperation, and often leads to more satisfactory outcomes for both parties. Additionally, it particularly benefits families with children, as it helps maintain a positive co-parenting dynamic.

The Certified Collaborative Divorce Attorneys at Heath & Kolomjec help clients resolve disputes in a respectful, solution-oriented manner.

Let Our Experienced Michigan Divorce Attorneys Help You

Divorce is a complex and emotionally challenging process, and trying to understand Michigan’s divorce laws and procedures can be confusing or even overwhelming.

So if you need help with divorce mediation, asset division, agreement modification, military divorces, or anything else you may be facing, we know how to help.

Let us use our six decades of combined experience to provide the legal representation and guidance you need, no matter how complex your situation may be.