Home  >  InMetroDetroit > Law > Michigan Lawyer > Michigan Divorce Lawyer 

Finding the Right Michigan Divorce Lawyer

Michigan Divorce Lawyers


Michigan Divorce Attorneys

are not always required in a divorce case in Michigan but may be necessary depending on the financial and personal situation of each client.

A Michigan divorce follows the principles of no fault divorce.  In a no fault divorce state, it is usually possible to use your state's divorce laws as the sole ground for obtaining a divorce from your spouse. Under Michigan divorce law, however, there is only a no fault divorce principle where there has been a breakdown of the marriage with no likelihood that the marriage can be restored. This means the term "irreconcilable differences" can be used as a basis for divorce.

A no fault divorce does not require a finding by the divorce court that one or both parties are at fault.  No fault divorce law allows a divorce regardless of who is a fault.  Consider your initial steps. A Michigan divorce is initiated by filing for divorce in the county of residency of one of the spouses who has lived in Michigan for at least 180 days and who has resided in the county of filing for at least 10 days.

Quick divorce filing procedures are available to you. It is possible to take advantage of Michigan's simplified divorce process with fill-in forms provided by the Michigan divorce system and available at any Clerk's office of any Circuit Court in any Michigan county.

It is more likely that couples can get a no fault divorce without having to retain a Michigan divorce attorney.  A no fault divorce does not require the parties to go into court and prove that the other party is at fault.  Some women rights groups claim that women are bearing the financial cost of no fault divorce laws because marital assets tend to be more equitably distributed in a Michigan no fault divorce.

If a child is involved, then the need for an experienced divorce lawyer is even more critical.  Often a child becomes a pawn or bargaining chip in divorce and emotions often cloud the issues.  Having a legal expert to sort through the custody issues and emotional issues is well worth the money spent.  One of the primary objectives of divorce law is to protect the children of a marriage. The most common form of child custody is joint legal custody where one parent has physical custody and the other parent has visitation rights.

Michigan Divorce Lawyer

Finding and retaining a Michigan Divorce Attorney can be challenging.  Sometimes your friends and family will offer the best referrals.  Word of mouth is a good starting point for selecting the best divorce lawyer. Ask family, friends and co-workers about their experiences with a specific divorce lawyer in Michigan.  Sometimes finding an attorney who represents both sexes may be desired. This is because it affords the attorney valuable insights from both male and female.

During the initial consultation which should be free, you should ask the following questions.

  1. How long have you been practicing divorce law?  (5 years minimum).
  2. What percentage of your cases are for divorce (75% or more is desirable)
  3. What percentage of your cases are settled before trial?
  4. How much will this cost me?
  5. How are the rates and charges determined?
  6. Do you require a retainer?
  7. How long will the divorce take before it is final?
  8. Do you do most of the work or does your paralegals or assistants help?

The State Bar of Michigan Lawyer Referral Service will provide you with the name of an attorney in your area who accepts cases like yours. The lawyers are required to have malpractice insurance and will charge a reduced fee for the first visit.