Divorce Attorney in Kentwood

The end of a marriage can be a challenging time, and the support of an experienced divorce attorney can positively affect your emotional well-being, your finances, and your future.

At Kraayeveld Family Law, we are proud of the reputation we’ve built over 30 years throughout the Michigan legal community. The courts and our opponents know us for our zealous advocacy and sole allegiance to our clients. Our lawyers and legal support staff pledge to offer responsive, individualized attention throughout your case, so that you don’t ever feel like you’re in this alone.

If you’re wondering how to get a divorce in Michigan and what you can do to protect your rights and interests, contact Kraayeveld Family Law today. You’ll be able to discuss your circumstances with a divorce lawyer in Kentwood, MI, at an initial consultation.

Why You Need an Attorney for Your Kentwood, MI, Divorce Case

When you decide to divorce, you may wonder, “Do I need a lawyer to get a divorce?” Because of the complexity of family law — from case law to legal statutes and from filing deadlines to financial disclosures — having an attorney in your corner provides numerous benefits.

A Kentwood, MI, divorce attorney from Kraayeveld Family Law can help you by:

• Meeting with you to discuss your needs, concerns, and goals to develop a tailored legal strategy
• Doing a thorough investigation to secure the records and information needed to build a solid case
• Filing a motion for temporary relief to establish temporary child custody arrangements, child support, spousal support, and other related matters while your divorce is pending
• Navigating you through settlement negotiations or mediation as appropriate
• Tenaciously advocating for your and your child(ren)’s rights in family court or at trial so that you can start the next chapter of your life from the strongest position possible

Kraayeveld Family Law is dedicated to providing zealous advocacy for our clients. When you need help understanding how to file for divorce in Michigan, we’ll sit down with you to answer your questions, help you understand what to expect, and explain how your divorce lawyer will make the process easier and protect your interests.

When you meet with us, we will also inform you about our one-business-day guarantee on calls and emails. We put this policy in place because, as seasoned divorce lawyers, we know how important your divorce case is and how much is at stake. You have crucial questions and concerns that need immediate answers, so we make it a point to respond to you promptly.

What Are the Differences Between Contested Divorce and Noncontested Divorce?

Michigan law allows no-fault divorces for couples, which means the spouse filing for divorce does not need to prove that the other spouse bears “fault” for the dissolution of marriage due to misconduct. Instead, couples may get divorced if they’ve experienced an irretrievable breakdown of their marriage with no reasonable prospect of reconciliation.

Michigan no-fault divorces come in two forms: contested and uncontested. A contested divorce means spouses disagree over one or more outstanding issues in their divorce, such as the enforceability of a prenuptial or postnuptial agreement, property division, alimony, child custody, or child support. Conversely, an uncontested divorce means a couple has reached an agreement on all issues in their divorce.

What Are Common Issues in Getting a Divorce?

Some of the most common issues that may arise in the divorce procedure in Michigan include:

• Child Custody – Our firm provides comprehensive legal support to help you secure a favorable custody arrangement that prioritizes your child’s well-being. We work diligently to advocate for your parental rights and achieve a favorable custody agreement.
• Visitation – We assist in establishing clear and fair visitation schedules that allow you to maintain a meaningful relationship with your child. Our legal team strives to resolve disputes amicably to arrive at consistent and conflict-free visitation arrangements.
• Child Support – Our experienced attorneys guide you through the process of determining and obtaining appropriate child support payments. We work to ensure your child’s financial needs are met by advocating for a fair and accurate calculation of support obligations.
• Parental Relocation – When a custodial parent proposes to move a long distance or out of Michigan, they must obtain consent from their child’s other parent or the court. Our firm can help you resolve disputes over parental relocation and pursue modification of your custody order in response to relocation.
• School Choice – Our firm helps divorcing couples resolve disputes over educational choices for their children, including deciding where to send the children to school and how to divide tuition or responsibility for other educational or extracurricular activities.
• Spousal Support – In Michigan, one spouse may receive an alimony award in divorce, obliging their ex to provide financial contributions. Alimony helps keep spouses at a relatively equal standard of living following divorce, especially if one spouse needs time to reenter the workforce to become financially self-sufficient. A spouse may also seek temporary relief through an alimony agreement while the divorce is pending.
• Grandparent Rights – In some divorces, in very limited circumstances, grandparents may intervene to obtain visitation rights due to concerns that a primary custodial parent may seek to alienate the grandchildren.
• Prenuptial and Postnuptial Agreements – A Michigan divorce attorney can help you resolve disputes over prenuptial or postnuptial agreements during divorce, including the validity and enforceability of an agreement or interpretation of the agreement’s terms. These agreements are common for spouses who have a high net worth or are entering a second marriage later in life.
• Asset Division – Property and asset division involves splitting up a married couple’s marital assets and debts. However, disputes can arise over whether assets qualify as marital property or separate property, the value of marital assets, and the fairness of a proposed division.
• Parental Alienation – High-conflict couples may experience parental alienation, where one parent manipulates their children into alienating the other parent. A Kentwood, MI, divorce lawyer can help protect your parental rights and relationship with your children by pursuing relief such as make-up parenting time or custody modification.
• Annulment – In some circumstances, a spouse may seek annulment instead of divorce. Michigan grants annulment in limited circumstances, such as marriage under fraud or duress, a spouse’s lack of capacity to consent due to disability or age, or bigamy. An annulment has the legal effect of making it seem like the marriage never occurred.
• Appeals – There could be instances where the family court judge committed a legal or procedural error that influenced the case’s outcome. If this happens, you may have grounds to appeal the ruling. Matters that could be considered for appeal include divorce, child custody, and parental alienation.

What Does a High Net Worth Divorce Involve?

A high net worth divorce involves a couple where one or both spouses earn high incomes or where the marital estate includes various high-value or complex assets. Examples of these assets include homes, vacation properties, income/rental properties, stock options, retirement assets, insurance policies, luxury cars, or collectibles such as jewelry, art, or antiques.

Often, spouses must hire appraisers or other experts to assign values to unique or complex assets. Spouses may also hire forensic accountants to search for any marital assets or income concealed by the other spouse.

In a high net worth divorce, complex legal issues may arise when a spouse has an asset the court cannot readily divide, such as an ownership interest in a closely held business.

Are There Residential Requirements When Filing for a Michigan Divorce?

Under Michigan law, a spouse may file for divorce in Michigan if at least one spouse has resided in-state for at least 180 days preceding the filing date. Additionally, the filing spouse must file in the county where either spouse has resided for at least 10 days preceding the filing date unless:

• The defendant is not a U.S. citizen;
• The parties have a minor child; and
• The court concludes that the defendant poses a risk of taking the child out of the U.S. or retaining the child in another country.

Are There Factors of ‘Fault’ a Judge Could Consider in a Divorce Judgment?

Although Michigan uses a no-fault system for divorce, courts may consider a spouse’s “fault” for causing the end of the marriage when addressing issues such as property division, alimony, or child custody. Common examples of fault that the court might consider when fashioning a divorce judgment include:

How Long Could It Take for My Divorce to Become Finalized?

So, how long does a divorce take? Couples in Michigan must observe mandatory waiting periods before a court can issue a final divorce judgment. In divorces without a child, couples must wait 60 days before the court can schedule a hearing to finalize the divorce. However, finalizing the divorce will typically take six months or more in divorces with a child.

Various factors will affect the duration and timeline of a divorce case, such as:

• Whether a couple has reached an agreement on all outstanding issues in their divorce, including through a prenuptial or postnuptial agreement or divorce settlement
• Whether a couple has children
• Whether one spouse or the court has concerns about the other spouse’s ability to parent
• The size and complexity of the marital estate
• Whether one spouse has accused the other of concealing assets or income
• Whether one spouse has engaged in misconduct during the divorce
• Whether one spouse plans to relocate, if the couple has children

Can I Have My Divorce Decree Modified?

A divorce decree may address alimony, child custody, or child support issues. However, your family’s circumstances can change over time, which may make those provisions of your divorce decree less optimal for your family. Fortunately, spouses can return to court to request modification of custody or support orders when circumstances have changed since the order’s entry.

Typical situations where you might seek to modify your divorce decree include:

What Divorce Situations Would Necessitate an Appeal?

An appeal does not allow you to reargue your case before a different court in hopes of a better result for you. Appeals only correct procedural or legal errors made by the trial court that affected the case’s outcome. An appeals court typically defers to the trial court’s factual or credibility determinations when supported by evidence. However, a spouse might appeal a divorce judgment or order due to issues such as when the trial court:

• Applies the wrong legal standard or precedent or misapplies the law
• Improperly admits or excludes evidence
• Refuses to consider or overlooks material evidence
• Commits procedural errors that affect the outcome of the case
• Denies a litigant due process, such as failing to provide a reasonable opportunity for the litigant to prepare or present their case

How Much Does a Divorce Cost?

The cost of pursuing divorce can vary from couple to couple, as each case could mean incurring different expenses. For example, couples must pay filing fees to submit pleadings to the family court, although courts may waive fees for spouses with few or no assets or limited income. Spouses typically incur legal fees to hire a Michigan divorce lawyer to represent their interests and provide legal advice. Divorce attorneys typically work on an hourly fee basis, with their hourly rate dependent on their experience and reputation and the geographic area in which they practice.

Depending on the complexity of the issues in a divorce, spouses may need to hire various experts and professionals, such as:

• Appraisers to value real estate
• Business valuators to determine the value of business ownership interests
• Forensic accountants to search for concealed marital assets or nondisclosed income
• Psychologists or psychiatrists to perform mental health evaluations
• Family therapists to help resolve intra-family conflicts
• Parenting coordinators to help parents resolve disputes over custody or parenting time

The total cost of a divorce will depend on various factors, such as:

• The size of a couple’s marital estate
• Whether the couple has a prenuptial or postnuptial agreement or settlement they wish to implement
• Whether the couple has children
• Whether spouses wish to contest any outstanding issues in their divorce

Contact Our Kentwood, MI, Divorce Attorneys Today

Do you want to learn how and when to file for divorce in Michigan? Has your spouse already filed to divorce you? You need an experienced attorney to discuss your legal options, effectively manage your case, and keep you informed throughout the Michigan divorce process.

At Kraayeveld Family Law, our attorneys are here to support you with straightforward advice, effective representation, and your best interests — and your family’s — always at the forefront. Contact us today to schedule an initial consultation and learn how we’ll work to protect your rights and interests.