KN Legal

Divorce

Divorce can be an emotionally and financially overwhelming experience.  Kyrsten Niemiec is a divorce lawyer who will help you throughout the process, utilizing a common sense approach to your specific case. If you are thinking about divorce, you know it will change your life. You want to know:

  1. How often  will I get to see my children?
  2. How will divorce impact me financially?
  3. Will I be able to keep my home?
  4. What will retirement look like for me?
  5. What will it be like to parent alone?
  6. How will we handle medical or schooling decisions for our children?

It's About Compromise

There is one thing that people need to understand before heading into their lawyer’s office or into the courthouse, and that is that Family Law is all about compromise.  You aren’t going to get 100% of what you want and neither will the other side. This is true when it comes to the children and when it comes to the property.  

Let's Talk About the Children

  Let’s talk about the children first. When the court considers what to do in matters of child custody and parenting time, the main focus is what is best for the child, not what is best for the parents and not what each parent wants or thinks s/he needs. The Court strives to maintain some kind of stability for the children and, in addition, expects the parents to support a child’s relationship with both parents. Obviously, there are exceptions to this general rule. It is, however, helpful to walk into Court understanding what the expectations are with regard to co-parenting your children after the marriage or relationship has ended.

Assets

Michigan is a no-fault divorce state and property is, generally, equally divided. It is, however, important to know what is and what is not marital property.   In most cases, if the property was  acquired during the marriage, it  is likely to be considered marital property. In some instances, such as when steps have been taken to hold property separate from the marital estate, property acquired during the marriage can be considered to be non-marital.

Here is an example: You inherited $10,000.00 from your deceased grandparent. If you deposited that money into the joint account you hold with your spouse, that money is now marital property. If, instead, you opened an account in your name alone and deposited that money there, then it may not be marital property.

Deciding what is and isn’t marital property can be difficult. An example would be a situation where one spouse owned a home prior to the marriage. That is not marital property just by virtue of the parties’ marriage. If later, however, the parties take a loan together and invest that money in the home, then the situation is much less clear. 

Divorce is complicated and the right lawyer can help you navigate the process while attempting to protecting your interests and assets. 

Common Questions About Divorce

How Long Will My Divorce Take?

In the State of Michigan, couples with children are required to wait six months before their divorce can be finalized. Couples without children must wait only 60 days before their Judgment of Divorce can be entered. There are, however, situations where the Court might chose to shorten the waiting period for couples with children. This is most likely when the couple agrees that an expedited divorce is in their children’s best interest.

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KN Legal/Kyrsten Niemiec, PLC
13 Washington St.
Monroe, MI 48161
(734) 240-0110