Grand Rapids Divorce Attorneys

Elements of a Michigan Divorce Case

A divorce encompasses several key elements that require careful consideration and negotiation. Understanding these components is essential for anyone navigating this legal process.

Our Grand Rapids divorce attorneys can fight to protect your interests in each of the following areas:

• Child custody. Michigan courts focus on the best interests of the child when determining custody arrangements. This includes evaluating factors such as the emotional ties between the child and parents, the capacity of each parent to provide love and guidance, the child's adjustment to their home, school, and community, and the mental and physical health of all involved parties. Custody can be sole or joint and includes both physical custody (where the child lives) and legal custody (decision-making authority for the child).
• Child support. Child support in Michigan is calculated using a formula that takes into account both parents' incomes, the number of children, and the custody arrangement, among other factors. The goal is to ensure that the child or children maintain a standard of living that is consistent with what they would have experienced if the family remained intact.
• Spousal support (alimony). Not every divorce case involves spousal support, but it may be awarded when there is a significant disparity in income or financial resources between the spouses. Factors considered include the duration of the marriage, each party's age and health, their ability to work, the standard of living during the marriage, and contributions to the marital estate. 
• Property Division. Michigan follows the rule of equitable distribution when dividing marital property in a divorce. This means that property and debts are divided fairly but not necessarily equally.

How Does Property Division Work in a Michigan Divorce?

The division of property during a Michigan divorce is one of the most contentious and complex aspects of the process, demanding a thorough understanding of how equitable distribution works within the state. Unlike community property states, where assets and debts acquired during the marriage are split 50/50, Michigan courts strive for what is deemed "equitable distribution." This does not necessarily mean equal but rather what the court considers fair given the circumstances of the marriage and divorce. This principle guides the division of both assets and liabilities, including real estate, bank accounts, investments, and personal property, as well as debts incurred during the marriage.

When determining what constitutes an equitable division of property, Michigan courts consider various factors. These include the length of the marriage, the contributions of each spouse to the marital estate (which can include income as well as non-financial contributions like homemaking and child-rearing), the age and health of each spouse, and the standard of living established during the marriage. Additionally, the court examines each party's financial circumstances, including their earning abilities, needs, and any misconduct, such as marital waste, that might affect the division of assets. It's important to note that equitable distribution is highly situational, and outcomes can vary significantly from case to case based on the judge's discretion and the specifics of each situation.

Another critical element in understanding property division in Michigan is the distinction between marital and separate property. Only marital property is subject to division in a Michigan divorce. Marital property includes most assets and debts acquired by either spouse during the course of the marriage, regardless of whose name is on the title. Separate property, however, includes assets and debts a spouse brought into the marriage or acquired through inheritance or gift to one spouse alone. Each spouse’s separate property generally remains with that spouse post-divorce. However, the increase in value of separate property during the marriage or commingling of separate assets with marital ones can sometimes blur these distinctions, potentially subjecting them to equitable distribution.

Given the complexity of these considerations, achieving a fair and reasonable property division in a Michigan divorce often requires detailed financial disclosures, expert valuations of property (including businesses and professional practices), and sometimes forensic accounting to trace concealed marital assets. Our Grand Rapids divorce lawyers can provide diligent guidance and advocacy when determining and evaluating the marital estate. We will help perform a detailed review of your and your spouse’s assets and liabilities before working to secure a fair division that prioritizes your goals.   

Do I Need a Lawyer for an Uncontested Michigan Divorce?

Even if you are confident your Michigan divorce will be uncontested – meaning you and your spouse agree on all significant aspects of the dissolution of your marriage – you should still consider hiring a lawyer. While an uncontested divorce may seem straightforward, there are several compelling reasons to seek legal advice.

First, an experienced lawyer can ensure all necessary legal documents are correctly prepared and filed. The legal paperwork for even the simplest divorces can be complex and confusing, and errors can lead to delays or more significant legal issues. can help you avoid these pitfalls.

Second, a lawyer can provide invaluable advice on the legal implications of agreements made between spouses. This is particularly important in areas such as property division, child custody, and support arrangements. What seems fair and amicable at the time may not be in your best interest in the long term. Our team can help highlight potential issues before they become problems.

Third, having a lawyer can expedite the process. Our legal professionals are familiar with the Michigan court system and its procedures, which can help streamline the divorce process and prevent unnecessary delays.

Finally, lawyers can act as mediators to help finalize agreements. Even in uncontested divorces, negotiations can hit unexpected snags. Our Grand Rapids divorce attorneys are skilled negotiators who can help smooth these kinds of conflicts out and keep the process moving forward.