Birmingham Divorce Attorney

Trusted Family Law Advocacy in Oakland County for 25+ Years

When people find themselves at a crossroads in their marriage, the decision to pursue a divorce can be overwhelming. Many experience a tumult of emotions, ranging from sadness and anger to relief and hope for new beginnings. In this challenging time, you must seek guidance and support from a knowledgeable Birmingham divorce attorney.

The Law Firm of Victoria has decades of legal experience helping clients through divorce and family law matters in Birmingham, Michigan. Whether you are ending a long-term marriage, dealing with complications relating to marital property or post-judgment issues, are fighting for child custody or child support, or have an otherwise complex case, The Law Firm of Victoria can help you.

Consultations with an experienced Birmingham divorce lawyer are available in-person and by phone for FREE, so please don’t hesitate to reach out to our team at (248) 780-1775

How To Begin the Divorce Process in Michigan

A divorce case starts once you file a summons and complaint with the appropriate court. Depending on the circumstances of your situation, various documents may also be filed. The first step in filing for divorce in Michigan is to file a Complaint for Divorce. 

You must file a complaint in the family division of the circuit court in the county where either spouse lives. The complaint must allege that the marriage has broken down, and there is no reasonable likelihood that anyone can preserve the marriage.

The defendant has 21 days to answer the complaint if served personally and 28 days if served by certified mail or other means. If the opposing party does not file an answer they will be in default and may not be able to participate in the divorce proceedings. In that case, the court will still establish divorce proceedings based on the documentation of the spouse requesting divorce.

Advantages to Filing for Divorce First:

• Jurisdiction: This is generally determined based on the order of filing, especially if a spouse files for divorce in multiple counties or states.
• Ex Parte: The initiating party can also request various orders from the court before their spouse is notified of the divorce proceedings. These orders require financials, marital estate, and jurisdiction over children to remain status quo before the filing.
• Prevention: Acting first can prevent your spouse from liquidating bank accounts, incurring debt, and removing children from the marital home.

When it comes to divorce in Michigan, filing for divorce first may actually be a good strategy for some individuals. It may help protect your rights and prevent your spouse from acting out.

Working with a divorce attorney from The Law Firm of Victoria means you will have experienced and dedicated legal representation. Your experienced Birmingham divorce attorney will recommend putting in place any strategies that will yield the optimal results for you. 

To speak with our experienced Birmingham divorce lawyers, give us a call at (248) 780-1775 or contact us online today. 

How Does Divorce Work in Michigan?

In order to understand how divorce works in our state, you need to know several laws, procedures, and timetables. Our Birmingham divorce lawyers aim to help people successfully rebuild and renew their lives following a divorce. We will walk with you through every step of the process to make sure you have the information you need to achieve the right custody arrangements, gain emotional peace of mind, and financial security.

Is Michigan a No-fault Divorce State?

Michigan is a no-fault divorce state and the grounds for divorce are provided by statute as follows:

• There has been a breakdown of the marriage relationship to the extent that the object of matrimony has been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
• However, fault is not irrelevant and may be relevant to specific issues including child custody, spousal support, and property division.
• The best interests of the children are always an important consideration in any divorce.

How Is Jurisdiction Determined in Michigan?

Jurisdiction is the power of the court to decide a matter of controversy. In order for a court in the State of Michigan to have jurisdiction to decide your divorce case, you or your spouse must have resided in the state for 180 days and the country for 10 days preceding the filing of the complaint. 

Our family law attorney from The Law Firm of Victoria will answer any concerns you may have regarding establishing residency in Birmingham, MI.

How Long Will the Divorce Process Take in Michigan?

The duration of a divorce case depends upon whether or not the parties have children.

• No Minor Children: If the parties share no minor children, a final judgment cannot be entered until the expiration of 60 days from the time of the filing of the complaint. However, it may take 4-6 months. 
• Minor Children: If the parties share minor children, a final judgment cannot be entered until the expiration of 6 months from the day the complaint is filed and must be completed within 1 year. 

These required time periods are a minimum. However, depending on the complexity and the cooperation or non-cooperation of the parties, it can take longer to resolve the divorce case and enter a final judgment. 

Our divorce attorney can give you a more accurate timetable regarding how long your own divorce would take.

Divorce in Birmingham, MI: Local Insights & Resources

Navigating a family divorce in Birmingham, Michigan, can be challenging, especially when considering the emotional and financial implications involved. Local residents often face unique pain points, such as understanding the specific requirements of the Oakland County court system and the impact of local laws on custody arrangements and property division. The Birmingham City Council and Oakland County Family Court provide essential resources that can help guide you through this process.

Many individuals in our community worry about the potential for lengthy court battles and the emotional toll that divorce can take on children. It’s crucial to have a clear understanding of the local divorce process, including the timelines and necessary documentation. Our firm can help you navigate these complexities, keeping you well-informed and prepared for each step of your divorce journey.

If you are considering a divorce, it’s essential to consult with a knowledgeable Birmingham divorce attorney who understands the local landscape. The Law Firm of Victoria, P.C. is committed to providing personalized support tailored to the unique needs of our Birmingham clients. With our team, you feel empowered and informed throughout the process.