Divorce Attorney in Holland

Are you wondering how to get a divorce in Michigan? Kraayeveld Family Law has the answers. We know that what you’re going through is challenging, confusing, and perhaps even overwhelming. Our attorneys are here to make things easier. For over 30 years, our law firm has been known for being tenacious and determined in court while also providing the care and support clients need to see things through.

Whether your matter concerns child custody or protecting your assets in a high net worth divorce, our lawyers are the beacons of hope you need to protect your interests. Contact us today for a confidential consultation with a divorce lawyer in Holland, MI, and let’s discuss your situation in detail.

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

Many spouses headed for divorce ask themselves, “Do I need a lawyer to get a divorce?” Although an attorney is not a prerequisite for filing for divorce, having legal representation can make the divorce procedure in Michigan much more straightforward, less stressful, and avoid costly mistakes.

A Holland, MI, divorce attorney from Kraayeveld Family Law can protect your interests and future by:

  • Securing evidence to strengthen your position
  • Preparing and filing your court pleadings and supporting documentation
  • Guiding you through mediation if you pursue a settlement
  • When necessary, advocating for your rights and interests in the trial court and the appellate court

As longtime family law attorneys, we understand how close to home the divorce process is. No one enters a marriage thinking about what to do if it doesn’t work out. If it does happen, your entire life is turned upside down, and you need to know how to proceed. That’s why Kraayeveld Family Law has a one-business-day guarantee on your calls and emails. Our attorneys and legal support team make it a priority to promptly respond when you contact us, so you never have to wait longer than necessary for us.

What Are the Different Kinds of Divorce?

A Michigan divorce lawyer with Kraayeveld Family Law can help you understand how to file and apply for divorce in Michigan. We can guide you through:

  • Contested Divorce – A contested divorce is one in which spouses dispute one or more issues that must be resolved, such as property division, alimony, or child custody/support.
  • Uncontested Divorce – A couple can pursue an uncontested divorce if they have reached an agreement over all outstanding issues in their divorce. Uncontested divorces are typically easier and quicker to resolve.
  • High Net Worth Divorce – A high net worth divorce involves a couple that owns substantial or complex assets, such as investment portfolios, income properties, business ownership interest, stock options from executive compensation, and luxury vehicles.
  • Divorce with Child – Divorces can become more complex when couples have children, as they must resolve custody, parenting time schedules, and child support obligations.
  • Military Divorce – A military divorce involves a couple in which one or both spouses have served or currently serve in the military. Military divorces may involve complex procedures if one spouse currently serves on active duty on deployment. Military divorces may also require spouses to resolve the division of military retirement benefits.
  • Annulment – An annulment has the legal effect of making it so that, from a legal standpoint, the marriage never occurred. Courts grant annulments in limited circumstances, including when a spouse secured the other spouse’s consent to marriage through force or fraud or when the marriage was void from the outset, such as through bigamy, incest, or one spouse not being old enough to marry.

What Are Common Issues in Getting a Divorce?

Michigan operates as a “no-fault” system for divorce. This means that someone who wishes to file for divorce does not need to show that their spouse “caused” the marriage to fail, such as through infidelity or abandonment. Instead, couples can obtain a divorce simply due to an irretrievable breakdown of their marriage. That said, agreeing that the marriage has broken down is not the same as agreeing on outstanding issues, such as alimony or child custody arrangements.

A Holland, MI, divorce lawyer with Kraayeveld Family Law can help you navigate many of the common issues that can arise during divorce, including:

What Does a High Net Worth Divorce Involve?

High net worth divorces involve couples who own complex and high-value assets, such as:

  • Closely held business ownership interests
  • Investment portfolios
  • Income properties
  • Vacation properties
  • Real estate ventures
  • Stock options and retirement assets
  • Equity compensation
  • Luxury vehicles
  • Private yachts and/or planes
  • Jewelry
  • Art and antiques
  • Insurance policies

In many cases, complex assets require expert valuation to establish the asset’s value for property division. For example, when a spouse holds an ownership interest in a business, the couple must retain expert appraisers to value the business and calculate the value of the spouse’s interest.

A high net worth divorce often involves intensive litigation about how to divide the marital estate. Spouses may hold ownership interests in businesses whose operating agreements prohibit the transfer of ownership interests, which can complicate the process of dividing the value of a spouse’s ownership interest. High net worth divorces also frequently involve disputes over whether an asset or a portion of an asset’s value qualifies as marital or non-marital property.

In some cases, there are allegations that one or both spouses have attempted to conceal assets or income to obtain a more favorable property division or spousal/child support award. Spouses may need to rely on forensic accountants to locate assets and income to determine the value of the marital estate.

If yours is a high net worth divorce, understand how high the stakes are and that mistakes or strategic missteps can become especially costly. That’s why you should strongly consider working with Kraayeveld Family Law. Our attorneys have considerable experience with these complex cases and will fight for what you deserve.

Are There Residential Requirements When Filing for a Divorce?

As part of the Michigan divorce process, at least one spouse must have resided in the state for at least 180 days before filing the divorce petition. The plaintiff spouse must file the petition in the county where at least one of the spouses resides.

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

Courts can consider a spouse’s “fault” in causing the marriage’s breakdown when evaluating factors such as property division, alimony, or child custody. Common examples of fault factors that courts may consider include:

  • Spousal Abuse – This can take the form of emotional and verbal abuse or domestic violence. A court may afford a larger share of the marital estate or sole child custody to the spouse who was not the abuser.
  • Adultery/Infidelity – The court can consider a spouse’s extramarital affairs when deciding issues like alimony or property division. Adultery can also affect child custody if children become aware of their parent’s infidelity.
  • Desertion/Abandonment – Failure to support, abandonment, and desertion can affect the court’s property division decision in divorce.
  • Criminal Matters – A spouse’s incarceration stemming from criminal charges may influence the trial court’s alimony, property division, and child custody/support decisions.

What’s the Timeline for a Divorce to Become Final?

At this point, you may wonder, “How long does a divorce take?” In Michigan, a divorce can take two months to a year or more to finalize. In uncontested divorces without children, couples must wait at least 60 days after filing a divorce complaint before the court can enter a final divorce decree. However, most divorces take longer because couples must resolve issues such as alimony, child custody/support, and property division.

Can I Have My Divorce Decree Modified?

Ex-spouses sometimes need to modify their initial divorce decree to change aspects of child custody, child support, or alimony arrangements. They may do so by filing a motion with the court. However, they must be able to show a change in circumstances before the court will grant a modification of a divorce decree. The following are examples:

  • Substantial changes in finances
  • Loss of a job
  • Significant pay raises
  • Remarriage
  • Disability or severe illness

What Divorce Situations Would Necessitate an Appeal?

A party in a divorce action may appeal the trial court’s decision if they can show the trial judge made a legal or procedural error. Note that an appeal does not allow the party to reargue their case before different judges in hopes of a different outcome. Instead, an appeal requires the party to demonstrate that the trial court made a legal error in its rulings. The Michigan Court of Appeals will overturn a trial court’s rulings only if the trial court committed a legal error.

Common examples of errors that might necessitate an appeal include:

  • The trial judge misapplied the law or overlooked a relevant legal precedent
  • The trial judge committed procedural errors that denied a party due process
  • The trial court overlooked material facts that would alter the decision
  • The trial court improperly excluded material evidence

How Much Does a Divorce Cost?

The cost of a divorce depends in part on the circumstances involved. First, the filing person must pay court fees to file the paperwork to initiate a divorce. However, courts can waive these fees for couples with low or no income or assets.

Divorcing spouses typically hire legal counsel to represent them during divorce. Divorce lawyers usually charge hourly fees for their services. A divorce case may also have other costs depending on the issues in the case, such as expert witness fees, psychological evaluation expenses, forensic accountant fees, appraiser fees, parenting coordinator fees, and guardian ad litem fees.

The following are factors that can affect the cost of a divorce:

  • Whether a couple has a prenuptial or post-nuptial agreement or divorce settlement
  • Whether spouses contest one or more issues in the divorce
  • The value of the marital estate
  • Whether a couple has children
  • The complexity of the couple’s assets
  • Whether couples pursue mediation
  • The need for expert testimony

Contact Our Holland, MI, Divorce Attorneys Today

If you’re preparing for a divorce, get the legal help you need to protect your rights and interests during the dissolution of marriage. Contact Kraayeveld Family Law today for a confidential consultation with a Michigan divorce attorney to discuss your legal rights and options in detail.