Downriver's Finest Law Office
Letourneau McAvoy
20155 Goddard
Taylor, MI 48180
ph: 313-291-0240
fax: 313-291-2124
attorney
No two divorces are the same just as no two marriages are the same. Nonetheless, we get many of the same questions from clients, like, do I get the ring back? We have written down a few frequently asked questions and their answers. If you don't see your question or need more information, contact us today.
If there are no children involved, a divorce may be granted in 60 days. When children are involved, a divorce cannot be granted until six months have passed. It should be stressed that these are minimum statutory times. More often than not, doubling that time would be more appropriate, based on the level of contention, the court docket, and many other factors.
Divorces almost always cost far more than a client wants to spend. A great deal of time goes into responding to the opposing party's actions. The cost of divorce can range anywhere from $1,000.00 to $9,000.00 or more depending on the level of disagreement between the parties. The more they can agree and cooperate, the less expensive the process is.
That is your right. Judges may or may not be helpful to you though. Representing yourself in a divorce action is analogous to you removing your own appendix. It can be done, even successfully, but certainly isn't recommended
Michigan is a "no-fault" state. The court has the power to terminate the relationship between the parties regardless of who did what to whom. Fault may be considered, however, in the court's determination of child custody, property distribution and spousal support.
Yes. You must live in Michigan for 180 days before you file your complaint for divorce. You must reside in the county in which you file for at least ten days before you file.
No problem. Michigan's "long-arm" statute gives effect to service of the divorce papers even when served out of state
No. Quite often divorces settle out of court. There are many reasons for this. Cost is a factor. Mediation is often successful in bringing the parties to an agreement. And almost no one wants their future, the future of their children and their property rights determined by a third party. A very good exercise is to actually sit in on a court session conducted by your divorce judge. Then you can decide if you wish him/her to make critical decisions involving your future.
No, not in Michigan. Commencing January 1, 1998, each county will have its own Family Law Court, comprised of both Circuit and Probate Judges, as well as hearing referees, who will hear all family related matters, including divorce, adoption and juvenile matters.
Generally, no. An attorney can have only one employer. If a conflict arose between you and your spouse, who would the attorney represent? With that in mind, if you and your spouse agree on everything, one attorney can assist you in getting a divorce. This is a very economical and less combative way of getting a divorce that can lessen the trauma and hurt that divorces can produce. While this is not for everyone, it may be right for you.
This is a common question. The ring can be a significant investment and while a used ring is hardly ever worth the initial cost, couples that end their relationship divert a lot of energy on it. There is a very basic rule in Michigan (and many other jurisdictions) that the ring is a conditional gift. The condition is that the wedding takes place. If the parties marry, then the bride keeps the ring. If they don't, the ring is to be returned. This issue was addressed in Meyer v Mitnick, a 2001 case which stated because the engagement ring is a conditional gift, when the condition is not fulfilled the ring or its value should be returned to the donor no matter who broke the engagement or caused it to be broken.
Divorce and Bankrupty -Which should come first?
Read more about the timing of each at our blog: http://letourneaumcavoy.com/blog/
Letourneau McAvoy
20155 Goddard
Taylor, MI 48180
ph: 313-291-0240
fax: 313-291-2124
attorney