Delhi Charter Divorce Attorney
The reality of filing for a divorce is something that no spouse ever expects. But, even the strongest relationships can break down and cause spouses to part ways. However, with the proper planning and legal support, Michigan spouses can persevere through this unexpected time in their lives and protect themselves along the way.
I am attorney Jennipher Martinez, and since founding Martinez Family Law, PLLC, I have assisted clients in Delhi Charter Township, Ingham County and throughout central Michigan who are experiencing family law issues, such as divorce. With my experienced insight, I can ensure clients understand how to prepare properly and avoid complex divorce litigation if possible.
How Long Does The Divorce Process Typically Take?
Knowing exactly how long the Michigan divorce process will take is difficult, as the timeline varies drastically based on a significant number of factors. In Michigan, there is a mandatory waiting period of 60 days for couples without children and 180 days or six months for couples with minor children.
A divorce can take much longer to resolve, though, depending on the willingness of each spouse to work together, the complexity of marital assets and whether or not spousal support is needed. With these factors in mind, Michigan spouses should expect their divorce to last anywhere between two months and a year. If conflict is not an issue, spouses may benefit from looking into the mediation process.
Why Should Spouses Consider Divorce Mediation?
The mediation process provides ample benefits to divorcing spouses; however, they must be able to find common ground to fully appreciate the advantages. Besides being able to resolve matters more quickly and efficiently, Michigan spouses involved in mediation will also save significant amounts of money.
Another benefit of the mediation process is it allows spouses to maintain privacy when discussing personal issues. Additionally, through this process, both spouses will have greater control over various aspects of their divorce, including property division, child custody and the final resolution.
How Can Spouses Protect Retirement Assets During A Divorce?
In certain cases, such as high-asset divorces that involve complex assets, the division of retirement accounts is a common concern for spouses. Due to Michigan’s status as an equitable distribution state, judges will divide retirement assets in a way they deem fair.
However, spouses do have a few options to shield their retirement assets and limit their exposure during the divorce process. First, spouses should document the contributions they made to their accounts prior to the marriage, as courts consider these contributions as separate property. For 401(k)s and pensions, spouses must use a qualified domestic relations order to avoid incurring tax penalties. When one or both spouses have an IRA, they must use exact and precise language in the settlement to prevent additional financial penalties. Spouses who wish to protect their retirement assets can also negotiate with their spouse and offer other forms of property in exchange for preserving their retirement accounts. To learn more about retirement asset protection, consider working with a seasoned divorce lawyer.
Delivering Honest Divorce Guidance To Michigan Spouses
A knowledgeable divorce attorney can provide invaluable guidance and feedback during a divorce. Michigan spouses in need of reliable and transparent support may benefit from seeking the services provided at my firm, Martinez Family Law, PLLC. To obtain help today, please contact my office through email or at 517-684-0212.