Best Family Law Attorneys in Battle Creek, MI

You can still file for divorce even if your spouse does not want the divorce. Michigan allows for no-fault divorces. No fault simply means the marriage has irretrievably broken down or the spouses have irreconcilable differences.

No, adultery may be the reason that the divorce is happening, but you do not have to have any grounds for divorce. Fault can come into play for other issues like Spousal Support, but not for grounds.

Child custody, visitation, and child support are determined case-by-case. These matters, however, are always determined by considering the "best interests of the child" standard. In general, though, courts want both parents to build strong relationships with their children. Courts also recognize that both parents are financially responsible for the child. Child custody, visitation, and child support will reflect those beliefs as the basis of the determination.

Alimony, also referred to as spousal support, is determined on a case-by-case basis. Michigan uses several factors including the present earning ability and future earning opportunities of the spouses. If one spouse was dependent on the other spouse through the marriage, that factor may weigh heavily on any court's decision on alimony.

To start a divorce, you have to file a summons and complaint with the court clerk. You or the other party must have lived in Michgian for at least 6 months and in the county that you are filing at least 10 days. Once the complaint is filed, the other spouse has 21 - 28 days (depending on how they were served) answer the complaint unless the divorce is a joint divorce petition, making an answer unnecessary. The most efficient way to start a divorce is to contact a divorce attorney to handle it for you. This way the complaint is properly filed and/or timely answered.