October 1

The Matter of Divorce, Lawyers in Downriver, MI  

 

Divorce is a something most of us never consider when we say our “I dos”.  After all, it’s for better or worse, isn’t it?  Unfortunately, no matter how blissfully a marriage starts, it can evolve ­­into an unbearable situation where one party or both parties are unable to see eye-to-eye.

So what does divorce mean for you, and what are the considerations that need to be made?  Whether divorce is a one-sided decision or a mutual decision, each party needs to take the time to understand the legal consequences and procedures that are involved in obtaining a final dissolution.

There is only one ground for divorce in Michigan: “the 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.”  MCL 552.6   The benefit to this requirement is that no matter who did what to whom, there is no need to establish fault in order to get a divorce.

Divorce itself is a complicated and delicate matter; one that should not be handled alone, and it is a decision that will carry with it future circumstances which are best left in the hands of an attorney.  That is why Downriver Lawyer is your best-suited source of legal representation.  We handle every matter sympathetically and aggressively to ensure that your rights and future are protected.

As your decision to terminate your marriage begins, there are considerations that need to be made if you have children, joint assets, joint liabilities and debts, or if you own a business venture together, or if you have never worked during the period of your marriage.  And, the longer the marriage, the more complicated these matters may become.  That is exactly why divorce should not simply be left in the hands of the court.  You need someone on your side to make sure that the outcome of your divorce doesn’t impact your future negatively.

Take for instance the following examples of what divorce may lead to and what you need to take into consideration:

  • For one, if children are involved, you are faced with whether you and your spouse will remain living together under one roof or separating.  If you make separate living arrangements, then you have to tackle the issue of child custody and visitation rights.  This decision is perhaps the most sensitive and complicated and one that you do not want to gamble with.
  • If you lose physical and/or legal custody of your children, you will then be faced with child support payments, which can be provided through an amicable decision between the two parties or can be court-ordered.  This, again, carries with it future economic consequences which our Michigan attorneys have been handling successfully for decades.
  • Next, you need to take into consideration assets that need to be divided up between you and your spouse.  Whether that involves real or personal property, jointly held assets, family valuables, income, pensions, benefits such as 401Ks, or just a simple division of the money you have in the bank.  While you may think that you are entitled to the money or assets that you earned individually, the courts believe differently and will divvy up such assets as they see best and not necessarily equally.
  • With the division of assets comes also the division of liabilities, i.e. debts.  This is probably the stickiest of situations.  Determining the extent of liability that you and your spouse have accrued and who is responsible to what degree.  With the help of your experienced attorney at Downriver Lawyer, we will walk you through this step carefully to ensure that all debt is dispersed with while you are still married and prior to the finalization of your dissolution.  Why? Because any debt that you carry with you after divorce will likely affect your credit which will in turn affect your ability to rent or buy future real estate, personal property, or even open up bank accounts and credit cards.

 

  • In addition, some parties will be subject to alimony rewards or payments, depending on who makes the higher income.  Again, this is a sensitive situation as many spouses who are not ending the marriage amicably may be reluctant to provide this sort of support to their ex-spouse.  This is where our attorneys have received the highest marks in Michigan in securing alimony payments for our clients.

As you can see, all of these factors carry with them future consequences.  Even if you plan on filling out the paperwork on your own, or think that your spouse will be “fair” in handling the divorce, you will still benefit from a consultation with our attorneys at Downriver Lawyer.  There are traps and loopholes that the legal system has in divorce matters, and if not handled properly, you may be in risk of losing a lot more than you bargained for when you made the decision to obtain a divorce.

Always keep yourself knowledgeable and protected.  As you struggle through the emotional side of a divorce, let our top-rated MI lawyers in Downriver worry about the legal aspect.  In the game of life, divorce is not a gamble…don’t leave your future in the hands of your spouse or the court system.  Contact us for a consultation today to support you through this difficult time 734-619-1237 or info@downriverlawyer.com.  We have decades of experience and a team of aggressive attorneys who will handle your matter as if it were their own.   Learn more about us at www.downriverlawyer.com or visit us on Facebook and Twitter.

 

July 2

Prenuptial Agreements – Family Law – Trenton, MI

“BLOOD RELATIONS” AND PRENUPTIAL AGREEMENTS

“Blood is thicker than water”, so the saying goes. Originally this quote meant, “the bond between comrades is more important than your family allegiance. Nothing brings dudes together like bathing in the blood of the enemy.” But today, this saying means quite the opposite. It has evolved into a term of art that means that “blood relations” or people in our immediate family are a stronger bond than other relationships we may have. OR, if you’re in the Mafia, it serves as a reminder that their allegiance to the “Family” is all that matters.

So if this really were the case, why would anyone ask his or her fiancé and partner for life, “blood”, to sign a prenuptial agreement? Because sometimes, blood turns into water.

The idea of a discussion about a prenuptial agreement and the idea of discussing divorce before your marriage has even begun are far from romantic. But given the high rate of divorce and Family Law rules in Michigan, it is a discussion that is worth having. And one that will require guidance and expert information from a lawyer in Downriver, MI. You could look at it as a romantic concept that you are comfortable enough to discuss the idea of a divorce with your partner in life and to help provide security for both of you in the future.

So what is the next step when the dreaded “P” word comes up? Easy! You will quickly inform your fiancé that you know that family law regulations in Michigan are complicated, especially in the area of enforcement of marriage contracts such as prenuptials. If not drafted properly, your emotional discussions about the “P” word and your efforts will go straight down the drain.

Suggesting, much less signing a pre-nuptial agreement is a touchy subject. But having professionals like the experienced attorneys at Downriver Lawyer can provide you with the necessary sympathy and guidance that you will both need. Their goal as counselors of the law is to ensure that your investment as a spouse in your future family will be protected, even if it ends in divorce.

Should I get a prenuptial agreement?

If you’re reading this article and still contemplating a prenuptial agreement, ask yourself this simple question. Why do you have car insurance? Your answer will likely be because even though you don’t ever plan on being in a car wreck, if you ever get into one, you will be protected. A prenuptial agreement is no different. You don’t plan on getting a divorce, but if you do, it’s there to protect you and your assets.

Do I really need an attorney for a prenuptial agreement?

So how do you go about informing yourself of Michigan’s family law rules and the enforceability of a prenuptial agreement in court. Well, look no further than the knowledgeable and experienced lawyers in Downriver, Michigan. The attorneys at Downriver Lawyer not only provide their expertise in the years of drafting of such agreements, but they take the thorns out of the experience that could leave you and your fiancé feeling betrayed if not handled sympathetically. Experience of the attorneys at Downriver Lawyer, Michigan allows them to walk you and your partner step-by-step through the drafting of the agreement and in answering all of the “what if” questions that life throws at us. One consultation with these family law experts will leave you rest assured that all future kinds have been ironed out.

What needs to be in done in preparation of a prenuptial agreement?

  1. Retain an expert counselor of family law in Downriver, Michigan at Downriver Lawyer to bring you up to speed on the requirements of drafting a prenuptial agreement and to ensure that it is enforceable in a court of law.
  2. Full disclosure of all of your assets and debts, to minimize the chances that a court puts your agreement aside because you failed to disclose everything. At Downriver Lawyer, our team of professionals will walk you through the documents and information you need to gather to be in compliance with Michigan courts’ requirement of full disclosure.
  3. Give yourself and your Downriver Lawyer attorney ample time to obtain all necessary documents and to draft the agreement.       Michigan courts will not uphold prenuptial agreements that have been executed on the day of marriage or even a week before.

Enforceability of a prenuptial agreement by the Michigan Family Court

Michigan Family Courts will not enforce all prenuptial agreements. The facts and circumstances surrounding the execution of the agreement may allow the courts to invalidate your agreement.

That is why it is so important to find a professional Family Law expert in your Downriver, Michigan area. Knowledge, experience and sympathy have shaped the guidance of the attorneys at Downriver Lawyer which is why their clients praise them for the level of quality service that they provide. They ensure that your agreement will be held enforceable in a Michigan Family Court of Law. To get more information, visit http://downriverlawyer.com/services/family-law/.

Remember, a prenuptial agreement is a security that benefits both parties in a “blood relationship” should it ever turn into water.   To ensure that you have the right tools to protect yourself and your future partner, contact Downriver Lawyer at 734-619-1237 or info@downriverlawyer.com to schedule an appointment.