As the next section suggests, there are significant risks that must be considered before proceeding to trial. A judge has the obligation to be impartial and equitable; she or he cannot be involved with the personalities and individual nuances family matters present.
Trials are public, expensive, and often turn out decisions neither party are happy with. Perhaps the biggest consideration when considering a divorce trial or custody trial is the relinquishment of control. At the end of the day the outcome of your case is decided by the judge, and the judge alone. How a litigant behaves in front of a judge can set the tone for how the court will treat that individual. It is worth mentioning, that a litigant should always be on his or her best behavior in the courtroom.
In Michigan, family law cases often settle through the help of legal counsel or mediation. With settlement, parties are directly involved in the outcomes of their matters. They can craft resolution that fit their specific needs. These resolutions and settlement can be reached privately before being memorialized in a judgment of divorce. There are different types of orders which may be issued in your case. Hiring an experienced divorce attorney is important to ensure your best interest and those of your children are considered in all orders.
First, Temporary Orders are issued allowing more time for the parties to gather evidence and to build a case to present in court. Most temporary orders revolve around child custody and parenting time. The second type of orders issued is Ex Parte Orders. These orders are issued when there is a cause to believe harm may come to someone involved in the case. Typically, these are issued related to child support, custody or parenting time. In addition to the orders listed above, once the divorce case is reaching its end, the judge will issue Final Orders related to your case.
These orders are typically the result of agreements reached between the two parties of the case called consent agreements. Once final orders are issued there is a 60 day waiting period from the time of the order until a divorce is finalized if no minor children are involved in your case.
Cases including minor children require days waiting period. After the divorce is finalized, the court will record a certified copy of the decree in the respective county. The divorce trial process can be a long and grueling process. You deserve to have the most experienced divorce attorney in your area to walk you through every step. Our team has over ten years of experience handling divorce cases in the Lansing area. Getting a Fresh Start Ringing in the New Year for many means kicking old bad habits and forming new and good ones.
For others, it However, one may be a There are numerous methods for either party to obtain information and facts about the case from the opposing party of third parties. There are two different ways to obtain discovery; the formal process and the informal process. The discovery process should be aimed at gathering as much information as needed to either settle the case or proceed to trial.
The Michigan domestic relations discovery process can be used to obtain information relevant to spousal support, including incomes, work history, value of closely held businesses and education background. The process can also be used to gather more information that can be useful in child custody and parenting time, and how child support is to be calculated in Michigan.
Discovery methods are also useful in identifying the nature and value of real and personal property, and making determinations and persuasive arguments in relation to the status of separate property or marital property. Knowledge about retirement and investment accounts may not always be equally shared during the marriage, and the discovery process is an opportunity to get a full accounting of the available assets.
After the discovery process, negotiations will take place between opposing attorneys. This may include exchanging proposals in writing, mediation, etc. Finally each party will appear in court and plead their case before a judge and decide whether or not they can reach a settlement. There are times when a divorce agreement cannot be reached between the two spouses, and subsequently must go to trial.
When this happens, both parties will have their cases represented by legal counsel and brought forth before a family court judge. The judge then decides the most equitable arrangement based on the evidence provided by each party. This is an ever developing legal issue especially for unmarried couples and same-sex marriages.
All in all, issues involving child custody can be highly emotional and are often the cause for disputes and legal battles between couples.
You can read more about this standard here. Parenting time is modifiable in Michigan by the parties consent or a party filing a motion. Someone may also be granted a temporary order of custody if the final judgement is still being decided in court. Sole Custody — In Michigan, sole custody means that one parent has primary physical custody as well as legal custody of the child.
Joint Custody — Joint custody means that parents could share one or both of physical and legal custody. Decisions are to be made with the parent who has physical custody of the child at the time that the decision is made. This means that the parent without legal custody of a child, may make certain decisions for the child while spending their parenting time. How much will divorce cost me? There is no set total cost for divorce — however almost all attorneys charge set hourly rates.
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