Delta Charter Divorce Lawyer
I am divorce attorney Jennipher R. Martinez, and with 30 years of experience, I understand the divorce process and everything it entails, giving my clients an upper hand throughout this tumultuous time. During my career, I have served spouses in the Delta Charter Township area and throughout the central Michigan community.
At Martinez Family Law, PLLC, my goal when approaching divorce cases is to provide honest and compassionate legal guidance to make sure my clients feel taken care of and have an ally to confide in when things become difficult. I have handled divorce cases that involved unending conflict, complex assets and every complication in between, which means I am prepared to handle anything that comes my way.
What Does The No-Fault Divorce Process Entail?
In contrast to a contested divorce, spouses in Michigan who are able to work together may benefit from filing for a no-fault divorce. The no-fault divorce process offers many advantages, one of which is a simplified and streamlined timeline.
After ensuring that at least one spouse meets the residency requirements, Michigan residents can begin the process by filing a divorce petition in the correct county. Next, the filing spouse must hire a third-party to serve their spouse and notify them of the impending divorce. After serving the other spouse, the mandatory waiting period will commence, which is 60 days for couples without children and six months when children are involved. Once the waiting period has expired, couples will have the opportunity to resolve any issues if needed. Once everything is settled, a judge will finalize the divorce and effectively end the marriage.
How Are Child Support Payments Determined?
Financially providing for children involved in a divorce is a priority for both the parents and the court system. In the Great Lakes State, courts utilize the Michigan child support formula to calculate sufficient child support payments that coincide with the best interests of the child. The following are some of the main factors in determining child support payments:
- Parental income
- Parenting time
- Child care expenses
- Health care costs
- Other support obligations
Additionally, if child support is needed during the divorce process, judges can grant a temporary order to begin payments as soon as possible. During the divorce, a more permanent support amount will be determined; however, parents do have the power to alter these orders through post-judgment modifications.
What Should Spouses Know About Retirement Asset Division?
Complex property division during a divorce often consists of splitting up property such as retirement accounts. Michigan’s status as an equitable distribution state should additionally be a concern for spouses with retirement assets they wish to protect. Without proper preparation, courts will force many spouses to forfeit a significant portion of their assets to their former spouse.
Through a qualified domestic relations order (QDRO), spouses can guard their assets during the retirement account division process. A QDRO benefits spouses by protecting their retirement accounts from the tax implications of divorce. Instead of splitting up their retirement assets, spouses can negotiate to arrive at a favorable settlement for both parties.
Guiding Central Michigan Spouses Toward Positive Resolutions
No matter the level of conflict present in a marriage, a positive divorce resolution is within reach. To begin the process of closing this chapter in life and starting another, please reach out to my firm through email or by calling 517-684-0212.