Michigan Divorce Attorney Blog
Divorce, Annulment or Legal Separation

There is a fine line between what a divorce, annulment and separation results in. However, there is a great difference in terms of what the legal consequences and requirements are for each.

 

On the one hand, a divorce is a dissolution of the marriage petition through a judicial ruling. And annulment, on the other hand, is a declaration of invalidity of the marriage petition that seeks a judicial ruling that finds that a valid marriage never took place, that the marriage is not legally valid and that the marriage does not legally exist. Finally, legal separation is a petition that seeks a judicial ruling ordering one spouse to pay the other child support or alimony and a distribution of property without actually having the marriage dissolved.

 

In order to have an annulment, certain requirements must be met. For example, an annulment will be granted for reasons of consanguinity, bigamy, if one party is a minor, lack of mental capacity, fraud, physical incapacity or duress. Further, an annulment typically has to occur within 90 days of the marriage. For a legal separation, the parties do not need to establish any specific grounds beyond a showing that they are in fact living apart through no fault of the party who is filing for the separation.

 To understand which option is right for you, talk to your Michigan Annulment Attorney. Your Michigan Family Law Attorney will be able to fully evaluate your situation and walk you through the benefits and consequences of all three options.
 
Divorce and Debt

Money is always a sticking point during any divorce. After all, each partner wants to get as much as they can. But guess what? There is another financial aspect to keep in mind; that being debt. This is something that most people don’t want to think about because it is not cash they are receiving, but instead money they have to pay out of their own pocket. That being said, you cannot run from debt just because you are going through a divorce. Instead, you need to make sure that this is taken care of during the divorce proceedings.

First and foremost, you need to obtain a copy of your credit report. From there, you can mark the accounts that are joint. These are accounts that have both your name and your ex-spouse’s name. Obviously, any debt that is only in your name will stay that way.

Next, you need to realize that creditors do not care how they get their money, as long as they get it. For this reason, you need to make sure that all joint accounts are taken care of before the divorce is finalized. Both parties are liable for 100 percent of the debt until it is paid off. So if your ex says they are paying the debt but never does, the creditor is going to come after you.

As you can see, dealing with debt during a divorce can be difficult. It is important that you know what accounts are joint. To go along with this, you may also want to hire a divorce lawyer to walk you through this process and to help you safeguard against potential issues down the line. It is better to be safe than sorry when it comes to dealing with debt during divorce.

 

*Photo courtesy of Squeakymarmot on Flickr 

 
Who gets the House after a Divorce?

Going through a divorce is difficult for a number of reasons. One detail that is sure to be discussed is who will get the house. This is one of the most important and expensive considerations during the divorce process...

First things first, are children involved? If so, the custodial spouse almost always receives the house. This is not always the case, but it usually holds true. Of course, just because you are becoming the custodial spouse does not mean that you want to hold onto the home. In some cases, you will be better moving on and dealing with housing as a separate issue.

Generally speaking, there are two options to consider. The home can be sold and the proceeds split evenly between you and your ex. Or you can buy out your ex so you can stay in the home. Before you jump the gun and decide to buy out your ex, you need to consider what this will bring to your life. For instance, can you afford to pay the mortgage and upkeep on one salary? If not, buying the home should not be a consideration. Even if you have children, you must do what is best from a financial point of view. There is no point in staying in a home that you cannot comfortably afford. This is only going to lead to more issues during an already difficult time.

Keep things as friendly as possible with your ex as to make the divorce process simple. While it is important to keep your children in mind (if you have any) you must also look at the other pros and cons involved with the property. Coming to a mutual agreement with your ex will make the entire divorce process, as well as deciding who will get the house, much less stressful. 

 
After Divorce: New Relationships and your Emotions

Just because you are going through a divorce it does not mean that the rest of your life is over. There may come a time when you are interested in starting a new relationship. In this case, you need to be very careful about what you are doing. Remember, rushing into a relationship shortly after a divorce may cause more problems than good. This does not mean that you should shut others out of your life, but you need to be very careful about the moves you make.

Your first relationship after a divorce may be difficult. You may compare your new companion to your ex, or have a hard time getting close because you are worried about the future. It is natural to feel a lot of emotions at once.

Be open and honest with anybody you are in a relationship with. Tell them you were previously in a marriage, and let them know what this means to you. You don’t want to scare anybody away, but you do want to be honest so that they know where you are coming from.

Going through a divorce is a difficult process. And when you are finally ready to meet new people and start dating again you will probably face some obstacles. The way that you deal with them will determine how you move forward with this phase of your life.

New relationships can be difficult after a divorce. If you are honest with yourself and anybody you get involved with, you should be able to avoid problems that will cause you more harm than good.

 

*Photo courtesty of Katie Tegtmeyer of Flickr

 
Michigan Divorce Emotions: What to Expect

When going through a divorce it is safe to say that you are going to face a rollercoaster of emotions. One day you may feel good about what you are doing, just to find yourself crying a moment later. Listen up: this is normal. A divorce is a tough time in your life, and you need to realize that your emotions are going to change on a regular basis; and there is nothing wrong with this. You need to do what is best for you, even if this means letting your emotions out from time to time.

What emotions should I expect to encounter when going through a divorce? This depends on who you are, as well as the complexity of your situation. If your marriage is so bad that you need out right away there is a good chance that you will be happy when everything is said and done. But on the other hand, if you did not want a divorce, but your spouse did, you may feel sad and lost for quite some time.

It is important that you deal with your emotions in a smart yet reasonable manner. If you are having a difficult time, and this is perfectly understandable, make sure that you seek out the help of a counselor. Many people are against this, but you should not look at professional help as a bad thing. Seeing a counselor will help you control your emotions, and hopefully get back to a normal lifestyle sooner rather than later.

There are a lot of emotions that you will feel when going through a divorce. You should be ready for everything while also knowing that there are professionals willing to help should you need it.

 
Divorce and your Career: How to Balance the Two

There is no denying the fact that going through a divorce is difficult. In fact, this may be one of the most difficult circumstances that you ever face. To go along with this, a divorce is sure to effect others areas of your life, such as your career. You need to make sure that any interference is kept to a minimum. After all, you do not want to find that your job is in jeopardy during this tough time.

There is no sure fire way to balance divorce and your career. The best advice is quite simple: keep your personal life out of your career. Is this easier said than done? It sure is. But even then you need to live by this mantra no matter what it takes. The worst thing that you can do is let your divorce effect the way that you do your job. It is safe to say that you will need your career to keep you on your feet once your marriage ends.

If you need to take a day off from time to time, so be it. It is better to take a sick day to deal with your divorce than to go to work and make things worse.

Should I tell my boss about my personal situation? In most cases the answer to this question is no. You do not want to lead on that anything is wrong. Instead, keep to yourself and deal with your divorce at home.

All in all, balancing divorce and your career can be difficult. You do not want to risk your career because you are letting your divorce affect your work performance. The bottom line: keep your divorce and career separate. 

 
Don’t get a Divorce In Oakland, Wayne, or Macomb County on a Whim

When tensions build within a marriage it is easy to turn to divorce. But guess what? This is not always the answer. Sure, it may seem like the best thing at the time, but this is not something that you should do on a whim. In other words, divorce is a big decision and one that needs to be carefully thought over by both parties. If you think that a divorce will solve all your problems you are probably wrong. Sure, there are times when this is the right move to make, but even then, jumping the gun is never a good idea...

If you think that you want a divorce you should first discuss this with your spouse. He or she may or may not agree with you. If your spouse also wants a divorce, you must then ask yourself if trying to resolve the issues at hand is worth your time. If your spouse is opposed to a divorce, you must decide what you want to do next. Are you going to persist or will you step back and try to fix things?

Getting a divorce on a whim could end up being a huge mistake. As noted above, this is not necessarily a quick fix. Remember, a divorce is going to lead to many other changes. Who is going to take the kids? Where are you going to live? What are you going to do for money? These are all questions that you need to answer before you make a final decision.

Getting a divorce before thinking things over is a big mistake. Do yourself a favor and consider all of your options before you file for divorce.

 
Three Tips to Avoiding a Divorce In Oakland, Wayne, or Macomb County

Are you and your spouse considering a divorce? If so, you do not want to move forward just yet. Before making this decision final, you should try to save your marriage. After all, you do not want to throw everything out the window if you can instead fix your relationship. With the three tips below you may be able to put your marriage back on the right track...

1. Talk things out. Communication is very important when it comes to your relationship. The more that you talk the better off you will be. This is particularly true if you are thinking about getting a divorce. Through proper communication you will be able to talk out any issues before they become serious.

2. Do you need professional help? There is nothing wrong with seeing a marriage counselor. This may sound a bit off-the-wall, but it is a great idea. Unfortunately, many people see this as a bad thing and will never consider it. You should not think like this. Professional help can go a long way in saving your marriage from divorce.

3. Identify the problems in your marriage and address them as often as possible. For instance, some couples experience problems because they do not spend enough time together. In this case, you now know the issue. The last step is addressing it by setting a schedule for spending more time with your spouse.

These three tips should help in one way, shape, or form. They may not be all that you need to avoid divorce, but at the very least they should get you thinking.

 
What if you don’t want a Divorce In Michigan?

Believe it or not, a divorce is not always mutually agreed upon. In other words, you may not want a divorce but your spouse may be pushing for one. If you run into this situation, there are a few things that you can do before moving forward with the divorce process. And if you are lucky, one of these options may help you to avoid this altogether...

First and foremost, get a better idea of why your spouse wants to file for divorce. Once you talk about this you may be able to find some common ground for making things better. In other words, a divorce is not going to make everything go away. In fact, this can make things worse for some people; especially those who jump into divorce without first considering all of their options.

Marriage counseling is something to suggest if your spouse wants a divorce but you do not feel the same way. Simply put, you should try everything you can to save the relationship. Many couples have found that marriage counseling has helped them to not only avoid divorce, but to also make their relationship stronger as it moves forward. If you are trying to avoid a divorce, this is a logical step that you must consider taking.

It can be a difficult situation if you do not want a divorce but your spouse is leaning in that direction. You may be able to talk things out on your own to avoid this. If not, definitely consider marriage counseling before taking the final step and filing for a divorce. It is definitely worth the time to try to save your marriage.

 
Starting Over after a Divorce

So your divorce is final and it is time for you to move on with the rest of your life. If you find yourself in this position, you may feel a bit lost. After all, you are no longer living with your ex or relying on them emotionally or financially. It is common to go through some tough times immediately following a divorce. Does this mean that you will feel bad forever? Of course not. Depending on your situation, you may begin to feel better after a few weeks or it may take a year or more.

 
Separate before a Michigan Divorce?

Deciding to file for a divorce is a huge step in your life. Not only will this affect your personal life, but it will do the same to your finances. To go along with this, you may have to add children to the mix. With all of this in mind, it is easy to see why you would be better off trying to avoid a divorce at all costs. While this is not always possible, you should try counseling in addition to other options before moving forward with the divorce process...

One option to consider is a separation. This does not mean that you are getting a divorce, but instead you are taking some time off by living separately. Is this a good idea? Well, it all depends on your situation. You will know if a temporary separation will result in a change, or if it will make things worse. If you think that a separation could help, you will definitely want to consider it before you do anything else.

If you are going to separate, make sure that you talk about this with your spouse. What are you attempting to accomplish? When will you try to get back together for good? Will you see a counselor when living apart? These are all questions that you need to answer.

Before you go through the divorce process, you will want to look into all your options. Remember, a divorce will change your life forever. If you truly want to work things out, separating before finalizing a divorce is a good idea. Do not overlook this option if you are trying to work things out. It may be all that you need to put your relationship back on the right track.

 
How Divorce will affect your Finances

A divorce will affect your life in many ways. One of the most important is your finances. As you can imagine, when you go through a divorce your financial life is going to change for the time being. There are many details to consider, and steps that you need to take in order to ensure that you get what is yours. Remember, your ex is going through the same thing.

 
Emotionally Surviving a Divorce In Oakland, Wayne, or Macomb County

There is more to a divorce than filing some paperwork. When it comes down to it, you must emotionally survive this turbulent time as well. Are you going to be strong enough to make it through this process in one piece? Although you may think that the answer is no, in the long run you will be just fine. That being said, there are some steps that you can take in order to ensure that you make your way through this process without becoming emotionally distraught...

Divorce is tough. This holds true for you, your ex, and your children (if you have any). The way that you deal with this situation will go a long way in determining the end result. Are you willing to open up to others so that you can let out some steam? Will you see a counselor if necessary? Remember, a divorce is not something that you go through everyday. For this reason, there is simply no way to prepare for what you will face.

Why is a divorce emotionally draining? First off, this is a big change in your life. No matter how long you were married, it was a bond that you were expecting to last forever. When this does not happen, it can be disappointing. To go along with this, you must also learn how to live on your own. In other words, your life will entirely change because you know longer have another person to rely on.

The best advice to follow is this: take your divorce one day at a time. It may take a while for you to get back on track, but in the long run you will be better off.

 
Is There Hope For Saving Your Marriage?

Have you ever considered filing for divorce? Is this something that you and your spouse have talked about? If so, you need to think before you take this leap. The fact of the matter is that divorce may sound like the easy way out, but this is not always the case. Sure, there are situations when a divorce is the right choice. But at the same time, there are cases when couples are much better off trying to work through their differences. There is no denying that it can be difficult to determine where you stand.

Before you decide to file for divorce, there are several questions that you should first ask yourself. Of course, it will help if your spouse is asking the same questions as well...

 
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