Tafelski

contested divorce

When a couple that is splitting up in Michigan can amicably agree on the terms and conditions of a divorce and settlement, the result is an uncontested divorce. However, a contested divorce occurs when the parties can’t reach an agreement, and the case heads into a court room.

A contested divorce usually develops when there are minor children in the marriage or marital assets and debts that involve complex valuation and distribution.  Sometimes, one or both parties are just so angry they won’t agree to any reasonable settlement proposal and the case must be fought in court. 

At the Bloomfield Hills firm of Paul J. Tafelski, P.C., we have more than a decade of experience in representing clients in contested divorces throughout the state of Michigan, including Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham.

Call 248-451-2200 today or contact us online for legal advice in family law matters.

Filing for a Michigan Divorce

Whether it’s contested or uncontested, a party does not need to show fault to obtain a Michigan divorce. Instead, you need to only show that the marriage has broken down to the point where the object of the marriage has been destroyed, and there remains no reasonable likelihood that it can be saved.

A person must be a resident of Michigan for at least 180 days before the date of filing for the divorce. You or your spouse must also reside in the county where the divorce is filed for at least 10 days.

In certain situations, such as when one of the spouses is a citizen of another country and the parties have minor children, the 10-day requirement can be waived.

The divorce process is initiated by filing a complaint in the county Circuit Court and serving the complaint and a civil summons on the other spouse.

While the divorce action is pending, a spouse may be able to file for temporary spousal support as well as equitable distribution of marital property, child custody, child support and child visitation rights.

Michigan Contested Divorces

If informal negotiations and mediation fail to result in a settlement agreement between the parties, the case goes to trial before a judge. However, settlement discussions can continue right up to the trial date.  It is not unusual for cases to settle right before a trial is to begin. 

To prepare for trial, a divorce lawyer will obtain certain information from the other spouse through a process called discovery. The information sought could be used to determine spousal support, child custody, child support and the values of marital assets and debts. In some situations, a motion to compel discovery may be required to force an unwilling spouse to participate fully in the process.  It is critical to obtain all information concerning assets or debts during the divorce process because property settlements are generally deemed final when a settlement is reached.  Therefore, it is very difficult to come back later and challenge a settlement as unfair if you could have found out about assets or liabilities but did not do so during the divorce. 

After the judge hears the evidence from both parties, he or she will enter a final judgment dividing all of the assets and liabilities of the parties.  At that point decisions concerning spousal support will be made.  The Court has great power to do what it deems fair.  However, most parties do not want to leave such an important decision to a judge who does not know them, may or may not fully understand the evidence and may not be sensitive to their unique circumstances.  It’s for these reasons that most experienced lawyers believe a negotiated settlement is in everyone’s best interest.  It provides a more customized result and is much more economical than trial.  However, while we do our best to negotiate a good settlement for our clients we understand the need to be prepared should a case proceed to trial. 

Contact Us Today

If you are interested in learning more about contested divorces, contact our divorce attorneys online today for an initial consultation about your case. We have helped clients in Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham.