When divorcing parties cannot agree on a major decision during the divorce proceedings, the court is forced to intervene. Some of the most pressing issues that need to be decided during divorce proceedings include:
- Child custody
- Child support
- Division of assets
Creating a Custody Arrangement
One of the most important decisions individuals must make when getting divorced is deciding how their time is going to be divided with their child. Will one parent get the child more often than then the other? Will both get equal parenting time? While the decision can be left up to the divorcing parties, if they cannot come to an agreement, the court must step in and make the decision for them.
In the event the court must decide custody, the judge assigned to the case shall consider what is in the best interest of the child.
Who determines child support?
Once a custody arrangement is created, the divorcing parties or the court can decide how much each party is obligated to pay in child support. If the two parties are able to create a child support arrangement together and the court approves it, then the terms outlined in the arrangement are what the parents are required to follow.
Parents who cannot come to terms on a child support agreement must then follow the order the court issues.
How are assets divided in a Michigan divorce?
Divorcing parents in Michigan can either negotiate how they want to split up their assets or let the court decide. Michigan follows the equitable distribution rule which means the court won’t divide assets directly down the middle but instead, will divide them fairly.
Before the court can begin dividing assets, they must be separated into one of two categories—marital property or separate property. Any property that is considered marital, which means it was acquired at some point during the marriage, is subject to division. Once this is completed, the Legal Information Institute says the court may then take into account the following factors when deciding how marital property will be split:
- The length of the marriage.
- How much the marital property is worth.
- What each party’s contribution to the marital property is.
- Each party’s income and earning abilities.
- Each party’s economic circumstances.
Ready to file for divorce?
If an individual is ready to start the divorce process but isn’t sure where to start, they can contact the Law Offices of Stuart R. Shafer, P.C. for help. With over 45 years of legal experience, Michigan divorce attorney Stuart R. Shafer is more than qualified to help an individual understand the divorce process and provide them with the legal representation they need.
The Law Offices of Stuart R. Shafer, P.C. can be reached at:
1223 Turner Street, #333
Lansing, MI 48906