Divorce Attorney in Grand Haven
Deciding to separate from your spouse and initiate divorce proceedings is an emotional and stressful experience. You may be unsure of how to file for divorce in Michigan, how much it costs, what factors can influence the outcome, and how divorce will affect your life going forward. During this difficult and overwhelming time, a divorce lawyer in Grand Haven, MI, can provide valuable support and guidance.
Kraayeveld Family Law has a reputation in the legal community for over 30 years. We are known for our zealous advocacy and sole allegiance to our clients during the challenging divorce process. Our family law attorneys and legal support staff strive to offer responsive, individualized attention throughout your case.
Contact our firm today for an initial case review to discuss how we can guide you through the divorce procedure in Michigan. We’re here to fight for the results you desire and help you move forward with your life.
Why You Need an Attorney for Your Grand Haven, MI, Divorce Case
When you and your spouse separate, you may wonder, “Do I need a lawyer to get a divorce?” Although courts do not require you to have legal counsel to file for divorce, having legal representation can make the Michigan divorce process much less stressful and give you the best chance of a favorable outcome.
A Grand Haven, MI, divorce attorney from Kraayeveld Family Law can help you by:
- Filing a motion for temporary relief to establish temporary child custody arrangements, child or spousal support, and other matters while the divorce is pending
- Sitting down with you to discuss your needs, goals, and concerns to develop a tailored legal strategy
- Conducting a thorough investigation to secure the records and information needed to build a compelling case
- Guiding you through settlement negotiations or mediation as appropriate
- Tenaciously advocating for you and your children’s rights in court or at trial to ensure you start the next chapter of your life from the strongest position possible
We understand how important your divorce case is and what is at stake. You have real concerns and crucial questions that need immediate answers. That’s why our attorneys and legal support specialists make it a point to respond to your calls and emails promptly. We have a one-business-day guarantee, which ensures that you do not need to wait longer than necessary for us.
What Are Common Issues in Getting a Divorce?
Michigan divorce law operates on a “no-fault” system. This means the spouse who files for divorce does not need to prove that the other spouse bears some “fault” for causing the breakdown of the marriage. Instead, courts will grant a divorce when a marriage breaks down and the couple has no reasonable hope of reconciliation.
Michigan no-fault divorces come in two forms: contested and non-contested. In a contested divorce, the couple disputes one or more outstanding issues, such as property division, alimony, or child custody and support. In a non-contested divorce, spouses agree on all issues related to the divorce, possibly through mediation. Non-contested divorces are typically resolved much more quickly and at a lower cost than contested divorces.
At Kraayeveld Family Law, a Michigan divorce lawyer can guide you through all the issues and disputes that can arise during divorce, including the following:
- Child Custody – We can advocate for a custody arrangement that prioritizes your children’s best interests while also meeting your needs and wishes.
- Visitation – Kraayeveld Family Law will support you in seeking time with your children or requiring certain conditions for them to spend time with their other parent.
- Child Support – Our firm can help you ensure your children receive the financial support they deserve from both parents.
- Parental Relocation – Our firm represents clients in disputes over parental relocation, including requests to relocate with children or motions to modify parenting time in response to relocation.
- School Choice – We help clients resolve disputes with their exes over educational decision-making on behalf of their child, such as where children should go to school, how parents should share the cost of education, and whether children require special education services.
- Spousal Support – Couples may fight over potential alimony obligations, although one spouse may require spousal support to obtain financial resources as they return to the workforce.
- Grandparent Rights – Our firm represents families in divorces in which grandparents have intervened in child custody proceedings to secure their visitation rights.
- Prenuptial Agreements – We advocate for our clients’ rights in disputes over the enforceability or interpretation of prenuptial and postnuptial agreements.
- Asset Division – Property and asset division can create significant conflicts between spouses, including disputes over asset valuation, whether property qualifies as marital or nonmarital property, and whether a spouse has attempted to conceal assets.
- Parental Alienation – Our firm advocates for single parents who become the victim of efforts by their ex to alienate their children.
- Annulment – In Michigan, couples might seek an annulment of their marriage, which has the legal effect of making it so that the marriage never occurred. This is available in limited circumstances, such as those involving coercion, duress, or bigamy.
What Does a High Net Worth Divorce Involve?
High net worth divorces involve unique challenges and complexities because couples own high-value, complex assets such as the following:
- Valuable primary residences
- Luxury and classic cars
- Vacation properties
- Income properties
- Business ownership interests
- Investment portfolios
- Stock options
- Equity compensation
- Retirement assets
- Vehicles, including boats and aircraft
- Jewelry
- Art and antiques
- Insurance policies
A high net worth divorce can involve disputes over the valuation of complex assets, with spouses hiring competing expert appraisers and forensic accountants to testify to their value. Challenges can also arise over dividing certain business assets, as corporate operating agreements may preclude the division or transfer of ownership interests or equities.
In addition, resolving disputes over child support can prove problematic. This is because the child support guidelines do not provide a straightforward formula to high net worth families, so courts must use their discretion to determine support amounts that benefit the child’s best interests.
Some high net worth divorces can become challenging when one spouse accuses the other of concealing assets or income to influence the property division, spousal support, and child support determinations.
Are There Residential Requirements When Filing for a Michigan Divorce?
The residential requirement is one of the key factors affecting how to get a divorce in Michigan. To file for divorce in Michigan, you or your spouse must have resided in the state for at least 180 days before filing the divorce petition. You must file your divorce petition in the circuit court in the county where either you or your spouse have resided for at least 10 days before filing the petition.
Are There Factors of ‘Fault’ a Judge Could Consider in a Divorce Judgment?
Although Michigan allows for no-fault divorces, trial judges can consider certain fault-related factors when resolving issues like alimony or child custody. Some issues a judge might consider when fashioning a divorce judgment include:
- Spousal Abuse – A court may consider whether a spouse has engaged in domestic violence or emotional cruelty against the other spouse when deciding issues like property division or alimony.
- Adultery/Infidelity – A spouse’s infidelity during the marriage could influence a judge’s determination of property division or alimony. Adultery can also affect the child custody determination if the couple’s children become aware of their parent’s infidelity.
- Desertion/Abandonment – Courts may grant a favorable property division or alimony award to a spouse whose husband or wife abandoned the marriage and left their spouse without financial support.
- Criminal Matters – Courts might consider a spouse’s pending criminal prosecution, conviction, or incarceration when resolving issues in divorce.
How Long Could It Take for My Divorce to Become Finalized?
How long does a divorce take? In Michigan, couples must observe mandatory waiting periods before the court can issue a final divorce judgment. Couples without minor children must observe a 60-day waiting period, while couples with children must observe a six-month waiting period. However, divorces frequently take longer than the minimum waiting periods when couples contest issues in their divorce.
Some of the factors that can influence the duration and timeline of a divorce include:
- Whether the couple has a prenuptial or postnuptial agreement
- Whether the couple can negotiate a divorce settlement before filing for divorce
- Whether the couple pursues divorce mediation
- The issues contested by the spouses
- Whether the couple has children
- The size of the couple’s marital estate
- Whether either spouse bears any fault for the divorce
Highly contested, complex divorces can take up to a year or more to reach a final divorce judgment.
Can I Have My Divorce Decree Modified?
A divorce decree may address alimony, child custody, and child support issues. However, a family’s circumstances can change over time, which can cause alimony or child custody and support provisions to become outdated or ineffective for the family. Spouses can petition for modifications in response to changed circumstances.
Common reasons why parties might seek to modify their divorce decree include:
- Loss of income or employment
- Promotions or substantial increases in income
- Changes to work schedules
- Changes to children’s schedules
- Relocation
- Severe health issues or disabilities
- Remarriage or cohabitation
What Divorce Situations Would Necessitate an Appeal?
The Michigan Court of Appeals grants extensive deference to decisions by family courts. But you may have the right to pursue an appeal when a legal or procedural mistake by the trial judge affects the outcome of your divorce proceedings or when the judge’s ruling was grossly unjust. Situations that might warrant an appeal include:
- The trial judge applied the wrong legal standard or misapplied the law to the facts of the case
- The trial judge overlooked material evidence
- The trial judgment improperly admitted or excluded evidence
- The trial judge denied a spouse due process
It’s important to understand that the appeals process does not allow you to reargue your case before another judge in hopes of getting a more favorable outcome. Rather, appeals require demonstrating that the trial court made a legal error in its rulings, that the judge committed an abuse of discretion, or the evidence did not support the court’s findings.
How Much Does a Divorce Cost?
A dissolution of marriage can involve various expenses. First, couples must pay court filing fees to file for divorce. Court fees can amount to several hundred dollars, depending in part on whether the couple has children. Courts can waive filing fees if a plaintiff or couple can demonstrate that they lack assets or income.
Spouses should obtain legal representation to guide them through divorce. A Michigan divorce attorney will typically charge hourly fees for their services, with the lawyer’s hourly rate depending on factors such as geographic location and the lawyer’s experience and abilities.
Couples may need experts to resolve complex issues in their divorce case. Property division could require expert appraisers and forensic accountants to determine the value of the marital estate. Couples with disputes over child custody may need to cover the cost of psychological evaluations, custody evaluations, family therapists, parenting coordinators, or guardians ad litem.
Contact Our Grand Haven, MI, Divorce Attorneys Today
When you decide to divorce and have questions about how to apply for divorce in Michigan, you need experienced legal representation to guide you through the process. At Kraayeveld Family Law, our attorneys are here to support you with effective representation and straightforward advice.
Reach out to us today to set up a confidential consultation. Let a Grand Haven, MI, divorce lawyer from our firm discuss your legal options and provide the help you need to protect your interests and your future.