Divorce is a sensitive issue. The division of assets, alimony agreements, child custody, and more can quickly add up and cause all parties involved a great deal of stress. That said, our firm has extensive experience handling divorces in Michigan, and we are prepared to put that experience to work for you in your case, with the end goal of reaching favorable terms and mitigating the stress you feel through the process. Contact Alan B. Cooper & Associates, PLLC today to learn more about our legal services, and how a seasoned Oakland County divorce lawyer can effectively fight for you and your family’s future.
Divorce Lawyer | Representing Clients in Oakland County and Throughout Michigan
Nobody imagines their marriage will eventually end in a divorce. Unfortunately, roughly fifty percent of all marriages do in today’s day and age. That said, if you’re going through the divorce process or are about to, it is paramount that you have a competent Oakland County family lawyer in your corner. Alan B. Cooper & Associates, PLLC is here to listen to your story, understand your goals, and, from there, work to make those goals a reality.
Contested Vs. Uncontested Divorce
There are mainly two types of divorce: contested and uncontested. In the case of an uncontested divorce, both parties are able to agree on the specifics of their divorce, negotiate, and reach a plan that is presented to the court. That being said, most divorces are not this simple. Even when a divorce appears to be uncontested at first, once a couple begins hashing out the specifics of their case, it can quickly turn contested. This is when having a strong advocate on your side is essential.
Importantly, a contested divorce doesn’t automatically mean one spouse is angry with the other, or even that they don’t want to get divorced. Typically, when a spouse contests a divorce, it simply means that they are working to ensure that they get what they believe they’re entitled to. When a couple can’t agree on one or more aspects of their divorce, such as any of the following, they are in a contested divorce.
- Parenting Time Schedules
- Custody arrangements
- Child Support
- Alimony (aka Spousal Support)
- Division of Property
- Division of Debt
- A Spouse’s Interest in a Business and/or Value of a Business
- Retirement Plans
- Dissipated Money or Property
The Contested Divorce Process
- Filing the Complaint for Divorce: The spouse who initiates the divorce, called the plaintiff, files a Complaint for Divorce and a Summons with the circuit court in their county of residence. The complaint states the grounds for divorce, which in Michigan is the breakdown of the marriage relationship with no reasonable likelihood of reconciliation. The complaint also states the relief sought by the plaintiff, such as property division, spousal support, child custody, and child support.
- Serving the Complaint for Divorce: The plaintiff must serve copies of the complaint and summons to the other spouse, called the defendant, within 90 days of filing. This can be done by personal service, certified mail, or publication (if the defendant cannot be located).
- Answering the Complaint for Divorce: The defendant has 21 days (or 28 days if served by mail or outside Michigan) to file an answer to the complaint with the court. The answer admits or denies the allegations in the complaint and may also raise defenses or counterclaims.
- Obtaining a Temporary Order: Either spouse may request a temporary order from the court to address urgent issues such as custody, parenting time, child support, spousal support, or property while the divorce is pending. A temporary order is not final and can be modified or terminated by the court at any time.
- Conducting Discovery: Discovery is the process of exchanging information and evidence between the parties to prepare for trial or settlement. Discovery may include interrogatories (written questions), requests for production of documents, requests for admission of facts, depositions (oral testimony under oath), subpoenas (court orders to produce documents or testify), and physical or mental examinations.
- Negotiating or Mediating a Settlement: Most contested divorces are settled prior to trial through either negotiation or mediation. Negotiation involves direct communication between the involved parties and their legal representatives with the aim of reaching an agreement on disputed matters, either entirely or partially. Mediation, on the other hand, entails both parties and their attorneys convening with an impartial third-party mediator, whose role is to facilitate communication and foster consensus.
- Attending a Settlement Conference or a Trial: If the parties reach a settlement agreement on all issues, they must submit it to the court for approval at a settlement conference. If there are still unresolved issues, however, their case will go to trial. During the trial, a judge will listen to both sides and, from there, decide on all unresolved issues pertaining to their divorce.
- Finalizing the Divorce: To finalize the divorce, the parties must submit all required paperwork to the court, such as a Judgment of Divorce, a Uniform Child Support Order, a Property Settlement Agreement, etc. Once they do, the judge will review and sign the documents and enter them into the court record. Finally, the divorce will take effect on the date the judgment is entered.
In all, the divorce process can be long and arduous, which is why you should never go it alone. Our firm has fought for countless individuals just like you over the years, and we are here to effectively advocate for your interests as well.
Contact an Oakland County Divorce Lawyer Today
Here at Alan B. Cooper & Associates, PLLC, we understand that divorce is not just a legal matter; it is also a highly personal and emotional experience as well. As a family law firm, our job is to ease the stress and uncertainty that often accompanies divorce proceedings, all while working for the best outcome possible on your behalf. We understand that not only does your financial future hang in the balance, but the future of your children does as well. We proudly handle cases on behalf of clients throughout Michigan, including in Macomb County, Wayne County, Detroit, West Bloomfield, Novi, Southfield, Troy, and Plymouth. Contact us today to schedule your initial confidential consultation with our compassionate, dedicated, and highly skilled legal team.
