Divorce is tough. Isn’t it? There are people with a lot of different questions about getting a divorce in Michigan. We, at Haque Legal, have always answered questions per topic and aim to continuously do so when we can.
However, there are some questions, basic as they are, that people commonly ask that we cannot lump into a category. In this article, let us continue our discussion on some of the common lingering questions that people have about getting divorced in Michigan.
What if my spouse does not want a divorce?
It happens that only one of the spouses may want a divorce. The other spouse may want to fight back to divorce and make sure that it does not bear fruit. Of course, even with the fact that the other spouse will contest the divorce and will question to divorce, it is still important to know that the divorce will continue. While the other spouse may just slow down the proceedings and make things hard especially in terms of alimony payments, child custody, or child support payments, the divorce is inevitable.
What are the issues that have to be settled before the divorce is final?
All of the issues relating to spousal support and child support must be settled before the entry of the final judgment or resolution for the divorce. You cannot rush the divorce proceedings until all of the things that need to be settled are discussed by the parties, which is where a Southfield divorce lawyer can help.
Can I just get a divorce in Michigan and comply with the residency requirements and leave Michigan once the divorce is final?
As long as you comply with the residency requirement you may already file a divorce in Michigan and as long as divorce is already final and you have already attended all of the court appearances and all of the required appearances of you then you may also leave Michigan even during the time that the divorce proceedings are happening.
We do recommend that you continue living in Michigan as long as there is a court proceeding or as long as the divorce is not yet final. It will add unnecessary burden and costs to you if you have to travel back and forth just to attend the proceedings in Michigan.
Can I divorce my spouse while I am serving the military and I am out of state?
This is a little bit tricky because you would need to be a resident of Michigan and order for you to have the right to file for divorce in a state. And while you are in an active service you are considered as a member of the state forces and as such, you may need military permission for you to proceed.
If you are in the military and you want to divorce your spouse who is currently living in Michigan you may contact our law firm and see to it that we discuss your circumstances privately and clearly.
How about the reverse? Can my spouse divorce me while I am serving the military?
Yes, as long as your spouse is a resident of Michigan she or he may continue with a filing of the divorce suit against you. If you do not consent to the proceedings the formal proceedings have to be filed with the military for them to decide on the matter. This is under the Service Members Service Relief Act (SMSRA) to which all members of the military are subject.
Can I already change my child’s last name at the time of the filing of the divorce?
No, you cannot change your child’s last name at the time of the filing of the divorce. Changing the last name of a child requires a specific and separate preceding which begins at the time when the parent petitioning for a child’s name change must notify the other parent and all of the other interested parties and allow them to object. In case there is an objection there will be an opportunity to meet and a hearing will be scheduled.
Do I need a lawyer for the divorce?
You would need a lawyer for the divorce not just so you have someone to run to when you are mad at your ex-spouse but so that you have someone who can protect your rights in court. Even if you are the smartest person in the room you need to make sure that you have someone who is well learned and skilled in terms of their needs and the legal aspect of your divorce. If you want to be successful here you can do so by hiring a good lawyer.
Can I file for temporary custody of my child during the divorce proceedings?
If you think that it is an urgent matter for you to have custody of your child and take him or her away from the other parent you may do so and file your needs in court. Inform your lawyer of this specific need and let your lawyer decide on how he can help you.
Let Haque Legal Help You With Your Divorce
Now that you know some facts about dealing with divorce, it is time to get down to it. If you require a Southfield family law lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a lawyer to help you during your divorce proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.