Helping Michigan Divorce Clients Navigate State Laws
At Cole Family Law, we understand the complex legal and emotional issues that can arise during a divorce, and we are here to help guide you through this challenging time. Our team of Metro Detroit attorneys are experts in Michigan divorce law and are committed to providing our clients with compassionate and vigorous legal guidance.
Is Michigan A Fault Or No-Fault Divorce State?
Michigan is a no-fault divorce state, which means that decisions made by the court to settle the sensitive issues of the divorce cannot be based on either spouse’s responsibility for ending the marriage. For example, in a fault divorce state, adultery committed by either party could change the degree of spousal support that party is responsible for. In Michigan, this is not the case, as Michigan is strictly no-fault.
Representing Clients In Contested And Uncontested Divorce
As we help you navigate the divorce process, it is important to understand that there are two types of divorce in Michigan: Contested and uncontested divorce. Our experienced Michigan divorce attorney will help you make an informed decision regarding which type of divorce is best in your circumstance and will be there with you every step of the way.
In an uncontested divorce, both parties agree on all the terms of the divorce, including property division, alimony, child custody, and child support. This type of divorce is typically less stressful and more cost-effective than a contested divorce, and for this reason, we prioritize mediation over litigation. We will vigorously represent you while attempting to reach an amicable solution for you and your spouse.
With that being said, irreconcilable differences may render the uncontested approach impossible in your unique situation. If you and your spouse need to go to court, we will ensure that your rights are protected as the judge considers the disputed issues.
Property Division In Michigan Divorces
In Michigan, marital assets must be divided “fairly.” While 50/50 property division is the goal, there are a few circumstances that could impact the percentage of assets distributed to each party.
Despite Michigan’s status as a no-fault divorce state, a judge may still consider you and your spouse’s contribution to ending the marriage when distributing marital assets. Debt, adultery, abuse, and other factors may sway a judge’s interpretation of “fairness.” For this reason, it is critical that you seek representation from an experienced family law attorney in your divorce proceedings.
Michigan Child Custody And Child Support Attorney
At Cole Family Law, we strive to help parents reach an amicable agreement regarding child custody and child support. The court will advise parents to create a joint custody agreement whenever possible. If an agreement cannot be reached between the parents, joint or otherwise, the court will consider a variety of factors when making a custody decision. These factors include the ability and willingness of each parent to provide for the child (food, clothing, medical care, etc.), the child’s home, school, and community record, and continuity of their living arrangement.
In Michigan, child support is based on the income share model. In the income share model, child support payments are calculated based on the number of children you and your spouse share, both parents’ income, and the amount of parenting time granted to each parent.
Our team is prepared to help you navigate the complexities of child custody and child support. We are fierce, compassionate advocates for the best interests of your children and will work with you and your spouse to ensure that your children are provided for.
Contact A Michigan Divorce Law Expert
For 25 years, Cole Family Law founding attorney Kathleen L. Cole has been helping Michigan couples conclude their marriages fairly and reasonably. Based in Plymouth, Cole Family Law represents clients throughout the Metro Detroit area. If you have questions about the Michigan divorce process, call 734-466-9760 today for a free consultation with one of our attorneys. You can also reach out online.