The focus of this type of mediation revolves around parenting time. The mediator will work with both parties of the divorce to reach an agreement that will eventually be issued through a court order and signed by a judge. The agreement is not automatically entered in a final judgment, you will have a chance to review it before it is officially filed with the court.
Another type of mediation you may be able to use in your case is Evaluative Mediation. Everyone must agree to participate in this type of mediation. Evaluative Mediation typically takes places if an initial agreement cannot be reached through Domestic Relations Mediation. In these circumstances, the mediator will provide a written recommendation as to what he or she thinks should be the terms of the settlement.
Alternatives to Divorce: Separate Maintenance and Annulment
Once the document is received, both parties will have a chance to review the settlement in order to decide if it can be used to reach an agreement. If an agreement cannot be reached then the mediator will report to the court and your divorce case will move forward with a trial. There are ways to keep down costs in a contested divorce. First, have your attorney provide you with a quote up front regarding estimated costs for your case.
Once you have hired your attorney, try to maximize your time when talking to them on the phone, in-person or by email. Save up your questions to ask all at once rather than sending them in one at a time. This will reduce the overall charges you accumulate with your legal counsel because the time spent with them will be maximized.
Also, try to reach agreements with your spouse without having to go to trial. Even if you may not initially agree on everything look for alternatives compared to going to trial. Options such as mediation can save on time and headaches related to your divorce. The sooner you are able to reach an agreement the easier it is for you to keep the costs down related to the proceedings. Even if you are striving to keep down costs, still ensure your needs are met during the process.
Working towards a mutual agreement through these alternative routes can help avoid high costs related to an actual divorce trial.
Legal Separation/Separate Maintenance in Michigan
Someone seeking a No-Fault divorce can allege there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. No-Fault divorces do not mean that fault is not assigned in any issues addressed in your case. The court may still place fault when determining the final judgment. Any fault found against one person may be used in considerations related to alimony, child support and the division of property.
Because Michigan is a No-Fault state you can divorce your spouse without proving anything. All you need to show is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. In our state, legal separations are known as separate maintenance.
These occur when a couple legally divides assets, custody and parenting time, however, the couple decides to stay legally married for some reason.
Under Michigan law, the division of most property is equitably divided. The types of property divided within a divorce include real property such as cash assets, houses, and vehicles.
Considerations will also be made regarding additional pieces of property such as a vacation home, cabin or timeshare. Other assets that will be considered for division include items such as the following items:. There are some exceptions to the equal distribution of assets. These include certain assets you brought into your marriage or those you inherited during the marriage.
Assets that meet these criteria may be counted as personal property not eligible for equal division in the divorce. During the divorce proceedings, the court will have you and your spouse disclose how each asset was obtained. It is important to have legal counsel to ensure your personal property is protected and not considered marital property.
Divorce Topics Covered: How much is this going to cost? How long is this going to take? Do I really need a lawyer?
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What if we can agree on some issues but not others? On what grounds can I divorce my spouse in Michigan? Does Michigan allow legal separation? When you marry someone, the state grants you a license to do so. The annual event brings the community together for an 18 hole, 4-person scramble complete with meals, raffles, games and awards.
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Forward Thinking Family Law Since Separate Maintenance Separate maintenance is an option for couples opposed to getting a divorce, but who cannot continue living together. Separate maintenance must be agreed to by both parties The judgment reads very much like a judgment of divorce. Changing an agreement Over time, some people choose to convert separate maintenance to a judgment of divorce, for example, when a spouse becomes eligible for Medicare.
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