Family Law

What is the definition of a marriage? What are the legalities of marriage in the State of Michigan?
The State of Michigan voters, in November, 2004, approved definition of a marriage as a union between one man and one woman in the state constitution, as can be seen here.
This civil contract between a man and a woman to become husband and wife is to obtain a marriage license from a state-authorized official, and then have a formal civil, private or religious wedding ceremony.

I am getting divorced. Do I need an attorney and why?
Consulting with an attorney is a good idea when you have significant life changes, such as a divorce. A lawyer will protect your rights and, if you have children, a lawyer will also make certain your children's rights are protected. An attorney keeps current on the laws in the State of Michigan concerning family law including marriage, divorce, marital property, child custody and child support, visitation and alimony.

Do I need legal reasons or grounds to obtain a divorce?
Michigan is a no-fault State. Marriage is a partnership between two people. In a no-fault divorce State like Michigan, the law considers that if one part of the partnership says "the marriage isn't working", then the court must grant a divorce. It is irrelevant as to why the marriage isn't working. In fact, the statute forbids either party from stating in the complaint, or answer, the reason for the breakdown.

How are assets divided in a divorce?
Spouses are able to divide their property as they see fit—this is called a marital settlement agreement, or a contract between the husband and the wife that divides assets and debts and determines other issues of their divorce. If the division of property cannot be agreed up, then the court must make the determination.

Marital or community property laws vary from state to state. Michigan, however, applies the equitable distribution model, meaning the court will divide the community/marital property as it thinks equitable. It begins with an assumption that debts and assets are to be divided equally and then considers other factors that may justify a different ratio, such as whether some assets were recently inherited by one spouse, and whether some assets were gifts fro one spouse's family, etc.

For an appointment with an experienced divorce lawyer, please call the Robert Nickerson Law Firm at (810)987-3009 or fill out our contact form.

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The Nickerson Law practice provides excellent legal services in Eastern Michigan, including Algonac, Almont, Armada, Capac, Chesterfield, Croswell, Deckerville, East China, Imlay City, Lapeer, Lexington, Marine City, Marysville, Mt. Clemens, New Baltimore, Port Huron, Richmond, Sandusky, Shelby, St. Clair, Sterling Heights and Yale, Michigan and the counties of St. Clair, Lapeer, Macomb, and Sanilac.

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