On behalf of Bebout, Potere, Cox & Bennion, P.C. posted in divorce on Monday, January 2, 2017.
Even when minor children are not involved, the sheer number of issues posed by a divorce proceeding can leave the parties feeling overwhelmed. For that reason, a family law attorney often functions as a guide, offering more than just legal counsel.
Our law firm has helped many different clients through the entire divorce process. Our experience can serve as a guide and safe harbor, sheltering clients from filing and hearing deadlines, and sparing them from common mistakes.
As a no-fault divorce state, Michigan law only requires a showing of a serious, permanent breakdown of the marital relationship. Courts will end a marriage without any showing of fault, and even if the other spouse objects. However, that’s practically the only area where the other spouse’s consent is immaterial, save for a default judgment where the other spouse failed to answer the divorce complaint or otherwise participate in the case.
Where possible, our law firm encourages a cooperative approach to divorce. Getting your spouse to agree to a proposal regarding property division, debt division and spousal support will spare both parties from protracted divorce litigation. Notably, Michigan courts encourage such cooperation via the two-month waiting period that is imposed after the divorce filing.
While the divorce case is pending during those two months, a mediator referred by the court may be made available to encourage discussion among the parties. Having your attorney present during such discussions can also ensure that your rights are being protected. If mutual agreement cannot be reached, the case will proceed after the expiration of the two-month period.