Do I Need a Lawyer To Divorce In Michigan?
“The simple answer is yes; while the law does not force you to get an attorney. Much like anything else, without the knowledge and experience important aspects of children and property division might be overlooked without legal representation .”
So, if you or your spouse wants to get a divorce and either of you live in Michigan then yes, you will be able to file without the use of an attorney. However, due to the stressful and complex nature of some divorce cases, having an attorney will increase your chances of being successful in getting what you want. Without the knowledge and experience of the law, important aspects of children and property division might otherwise be overlooked without one.
Before you make your decision, you should ask yourself these couple questions:
Do you have the time and the patience? Do you have the time to research your state divorce laws, gather the appropriate documentation, and follow through with court filings and appearances? At the same time, you will need to have an even temperament and mental toughness to deal with drama and onset of emotions that may be in play even if you and your spouse are in complete agreement as to the process.
What major issues exist? You and your spouse will need to discuss all issues related to the divorce in order to ensure that you are both in agreement on each issue. Although every divorce situation is different, some issues that you should discuss include:
- Separation of assets, including any real estate, bank accounts, retirement assets, vehicles, and personal property
- Division of debts, such as mortgages, vehicle loans, student loans, and credit card debts
- How to remove one spouse’s name from joint assets and debts, such as home mortgages, deeds to property, vehicle loans, vehicle titles and registrations, bank accounts, and credit card accounts
- Child custody, visitation, child support, and health insurance coverage for any children (what’s in the best interest of the child?)
- Alimony or spousal support to be paid from one spouse to the other following the divorce (how much? for how long?)
Unfortunately, it is not always possible to discuss a divorce in a civil manner or reach an agreement on all issues, especially in a case where children are involved. If you cannot agree or have any doubts, you will likely to need the assistance of a qualified, experience attorney to protect your interests.
Divorce attorneys are often aware of long-term concerns that you may not consider, such as spousal support. In addition, lawyers have experience and are up-to-date on child custody issues, estate planning, and seeing that your future is secure despite the current circumstances. Should your divorce not remain amicable an attorney can serve as a shield for all correspondence and contact can be directed through the law office.
While it is possible to file for divorce on your own, it is often useful to get some help during the process. Let Corriveau Law help guide you through the process and see to it that you make the right decision(s) for you and your family.
Disclosure: All cases are driven by the facts unique to each case as they apply to the law at the time, and the persuasive argument of a qualified attorney such as Corriveau Law. The information we provide is meant only as a broad overview, and not to be relied on without speaking with a legal representative.