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Novi MI divorce lawyerThe divorce process varies dramatically from couple to couple. A young couple who does not own significant assets and does not have children will typically have a much easier divorce than a couple with considerable property, complex assets, or contentious child-related issues. If you or your spouse owns a business or professional practice, significant retirement assets, real estate, or investments, or if your financial situation is otherwise complicated, you may want to consider a collaborative divorce.

Advantages of Using Collaborative Law to Resolve Divorce Issues

A collaborative divorce is one in which the couple agrees to work collaboratively with attorneys and other professionals to resolve divorce matters without going to trial. In a divorce utilizing collaborative law, each spouse hires an attorney sufficiently experienced in collaborative law. The spouses and their lawyers sign a “collaborative agreement” promising to:

  • Freely exchange necessary information and documentation, including financial documents

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Oakland County divorce attorneyIf you are getting divorced, you may be unsure of what to expect. After all, the average person has little to no experience with legal matters, especially those as personal in nature as a divorce. To get a divorce in Michigan, you and your spouse will need to address issues like the division of marital assetschild custody, and spousal support. If you cannot reach an agreement about these issues, your divorce case becomes a “contested divorce.” Read on to learn about how discovery works in a contested divorce case in Michigan.

Discovery in a Michigan Divorce Case

The term “discovery” refers to the phase of the divorce process when each party (and his or her attorney) are gathering relevant evidence and facts. The parties exchange information about finances, child-related concerns, and other issues relevant to the divorce case. Informal discovery involves a voluntary exchange of information. In a highly contested divorce, various legal tools are used to gather information through a formal discovery process.

What Should I Expect During Formal Discovery?

If either party is reluctant to provide the necessary information or a party has lied about information, formal discovery tools may be used to compel the exchange of information. Your lawyer may use discovery tools such as:

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Novi divorce attorneysIf you are in the middle of a divorce, you may wonder if you should get into a new relationship right away or wait until the divorce is finalized. While dating someone new may help heal your heart and reduce stress, you should put it on hold until your divorce is officially over. This may seem difficult right now, but waiting to start a new relationship will be beneficial to you in the long run.

Why to Consider Not Dating in the Middle of Your Divorce

Although there is no official law that forbids you from starting a new romantic relationship during your divorce, it may negatively impact the proceedings. There are several potential consequences of dating while going through a divorce.

Here are a few of them:

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Novi divorce attorney for military retirement benefitsWhen a member of the military or the spouse of a military member files for divorce, they face certain challenges and issues that other divorcing couples may not face. For example, one major issue that divorcing military spouses may need to address is determining how military retirement benefits are distributed between spouses. When a person joins the military, they receive various benefits, such as free or subsidized healthcare, access to various military bases, and generous retirement benefits when their time in the service is done. Those benefits could become an asset of interest during a divorce, which is why you should know how they are handled in the event you and your spouse disagree.

Divorce and the Uniformed Services Former Spouses’ Protection Act

According to the Uniformed Services Former Spouses’ Protection Act (USFSPA), a person is only eligible to receive payments directly from the Department of Finance and Accounting (DFAS)  if they meet the requirements of the “10/10 rule.” This rule states that spouses must have been married for at least 10 years, and the service member must have served 10 years during the marriage. If the couple was not married for 10 years, or the serving spouse did not serve 10 years, then the other spouse is not eligible for payments directly from DFAS.

A Spouse May Still Receive Retirement Benefits Through Their Divorce Agreement

However, a person still may be able to receive a portion of their spouse’s military retirement pay if it is included in the divorce agreement. In addition to setting the 10/10 rule, the USFSPA allows each state to apply its own rules and include military retirement benefits in the property division process. In Michigan, courts try to distribute marital property in an equitable manner, meaning that it may not always be a 50/50 split. If a person is awarded a portion of their spouse’s military benefits in their divorce settlement, they may receive up to 50 percent of the total retirement award. 

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Posted on in Divorce

Oakland County divorce lawyersDivorce can change many aspects of your life, including your finances. Without a second income to depend on anymore, your entire financial situation may look different once your divorce is finalized. However, if you enlist the help of a Michigan divorce lawyer and financial advisor, you can get control of your finances.

Things to Do and Not to Do

There is no question that divorce can be extremely difficult. Things get much harder, however, when you are feeling like you do not have control of your finances. The good news is that with a little organization, you can easily put yourself in a much better position--and probably much more quickly than you might have thought possible. 

Here are a few financial do’s and don’ts of divorce to consider.

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Oakland County Bar Association State Bar of Michigan Collaborative Practice Institute of Michigan WCCDBA Woman Lawyers Association of Michigan
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