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Divorce Matters

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Eisenberg & Spilman, PLLC Attorneys Eisenberg & Spilman, PLLC Attorneys Eisenberg & Spilman, PLLC Eisenberg & Spilman, PLLC Attorneys Eisenberg & Spilman, PLLC
Home | Divorce Matters

Divorce Matters in Michigan

Divorce is an emotionally exhausting and challenging process as you must make numerous critical decisions about essential parts of your life. From spousal support to child custody and parenting time, there are a lot of factors to consider when facing divorce. The choices you make can have long-term impacts on your post-divorce life, making it beneficial to have skilled legal help.

At Eisenberg & Spilman, PLLC, we know that making the decision to pursue a divorce is emotionally taxing enough. We’re here to help by taking on your concerns while supporting you at every step of the way. You don’t need to take on additional stress. Call our office today at 248-358-8880 for a consultation and start taking control of the rest of your life.

Contested Divorce vs. Uncontested Divorce

Divorces generally fall into one of two categories: contested or uncontested, depending on whether the spouses agree on the terms of their separation. There are various pros and cons to each:

  • Uncontested Divorce – This type of divorce occurs when both spouses agree on all aspects of the divorce, including division of property, spousal support, child custody, and child support. They work together to resolve issues without court intervention, and the process is often less expensive, faster, and less stressful. Uncontested divorces work best for cooperative spouses with minimal debts or assets and straightforward custody and support arrangements.
  • Contested Divorce – This type of divorce happens when spouses cannot agree on one or more key issues, requiring the court or another third party to intervene. Spouses commonly disagree on issues like division of assets and debts, spousal or child support amounts, and child custody and parenting time. These divorces can take significantly more time as they involve discovery, negotiations, and court proceedings, making them more expensive and generally more stressful due to increased conflict

 

Other Types of Divorces

There are other types of divorce that can occur, sometimes within a contested or uncontested divorce. These types frequently include:

  • High-Asset Divorces – These involve the division of substantial wealth, complicated financial portfolios, and valuable assets, often requiring an experienced attorney to ensure a fair distribution.
  • Gray Divorces – This refers to divorces among individuals over 50, usually involving issues related to retirement savings, long-term healthcare, and dividing assets accumulated over a lifetime.
  • High-Conflict Divorces – These involve extreme adversarial behavior, frequent litigation, and may deal with issues such as domestic violence, firearms, or fraud, requiring extra care from a seasoned lawyer who can handle these issues.

 

How a Divorce Attorney Can Help

A divorce lawyer can help make sure your divorce is handled and resolved fairly. They can draft equitable agreements that accurately address all details and issues you may not initially think of. The process for most divorces generally follows the same steps:

  • Case Consultation and Assessment – During the initial consultation, your divorce lawyer will collect details about the marriage, debts, assets, children, and reasons for divorce. Using this information, they can advise on the best legal approach that meets the client’s goals and resolves all potential issues.
  • Drafting the Necessary Documents – After the first meeting, your lawyer will start drafting all required documents, including the complaint for divorce, which is the document that officially begins the divorce process. It outlines the basic details of the marriage, the legal grounds for divorce, and the requests for relief. Depending on the case, your attorney may also prepare financial disclosure forms, child custody affidavits, and requests for temporary orders for custody or support.
  • Filing and Serving the Divorce Papers – Once completed, your attorney will file the forms with the circuit court and arrange to serve the papers to the other spouse. After serving the divorce papers, your lawyer files proof of service to confirm to the court that the other spouse received them.
  • Reviewing Potential Financial Implications– Your lawyer can inform you of the potential tax consideration of a divorce, such as the impact of claiming children as dependents on tax filings and credits, capital gains and other tax consequences resulting from the division of assets, or the possible tax deductibility of spousal support.

 

Common Key Issues in Michigan Divorces

Divorces often involve several key issues that spouses need to address before finalizing the divorce, regardless of the divorce type. The most common issues include the following:

  • Child Custody and Parenting Time – Parents must decide on legal custody, which involves making major decisions for their child, and physical custody, which determines where the child lives. While joint legal and physical custody can work well, it requires both parents to cooperate amicably.
  • Child Support – Calculating child support involves considering the number of children, their financial needs, healthcare costs, parenting time, and both parents’ income. Parents may disagree on what’s financially required for their child’s care, leading to intense conflict.
  • Spousal Support – A spousal support agreement, or alimony, aims to support a financially disadvantaged spouse post-divorce and these agreements may be temporary or permanent. Several factors to evaluate when it comes to spousal support include the marriage’s duration, health and age of both spouses, standard of living during the marriage, contributions to the household or one spouse’s career, and each spouse’s financial needs and ability to pay.
  • Property Division – Dividing property in a divorce can include marital property and separate property. Marital property includes assets and debts acquired during the marriage, like the marital home, joint bank accounts, and retirement benefits, while separate property includes premarital assets, inheritances, or gifts received by one spouse.

 

Alternative Dispute Resolution

Litigation is not the only way to resolve divorce disputes. There are alternative dispute resolution methods that can save time, reduce costs, and minimize conflict, including:

  • Mediation – This involves a neutral third party who helps the spouses negotiate and reach agreements on contentious issues. The mediator’s role is to facilitate communication in a confidential, voluntary, and less formal environment encouraging collaboration issues like child custody and support, property division, and spousal support.
  • Arbitration – This process involves a neutral third party, the arbitrator, making decisions about the divorce by considering both sides and the facts of the divorce to issue a binding decision. While arbitration is more structured than mediation, it’s less formal and often faster than litigation.

 

Post-Divorce Modifications

Life circumstances can change after a divorce, requiring modifications to the existing agreement. Child custody or support and spousal support are the issues that may require modification. Each has a few common reasons for modification, including:

  • Parental Relocation – A modification to the parenting plan to accommodate a new living situation may be required if it’s far enough away to affect custody or parenting time arrangements.
  • Change in the Child’s Needs – A change in the child’s health or educational needs may necessitate a modification to reflect these new needs.
  • Change in Income – A change in either party’s income can lead to a modification of child or spousal support to keep the agreement fair based on the new financial situation.

 

Contact a Divorce Attorney Serving Oakland County

Whether you’re just beginning to consider divorce or are already in the process, seeking guidance from an experienced Oakland County divorce lawyer can make a critical difference during this challenging time. We’ve represented hundreds of men and women facing the decisions you’re dealing with. The experienced divorce attorneys at our all-female firm, Eisenberg & Spilman, PLLC, are here to help you reach a satisfactory resolution at a fair cost, either through mediation, arbitration, or litigation.

Call us today for a confidential consultation and we’ll get started working toward building a sustainable post-divorce future for you.

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