Divorce can be an emotionally and financially overwhelming experience. It’s important to find a family law attorney who is sympathetic and understanding during this difficult time. Kyrsten Niemiec is a divorce lawyer who will help you throughout the process, utilizing a common sense approach to all related to your issues are specific case. If you are thinking about divorce, you know it will change your life. You want to know:
- How often you will get to see your children?
- How will it impact you financially?
- What retirement will look like for you?
- You may wonder what it will be like to parent alone?
- How you will handle medical or schooling decisions?
It's About the Kids
There is one thing that people need to understand before heading into their lawyer’s office or into the courthouse. 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 first. When the Court’s main focus is what is best for the child, not what is best for the parents. The Court strives to maintain some kind of stability for the children.
You think that you know what is best for your child. Every parent does. The Court might see it a different way. You need to be aware of this so that you can obtain the best possible outcome for both your children and for yourself.
I consider it my job to tell you the hard truths. I will discuss with you other options. I will tell you if I think you need to take a step back and see it from a different perspective. I will remind you that the children are the Court’s main focus.
Now let’s talk about property. Michigan is a no-fault divorce state and property is generally equally divided. That said, it is important to know what is and what is not marital property.
Anything acquired during the marriage is marital property unless steps have been taken to hold it separate from the marital estate.
Here is an example: Say 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 is not 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. You should not go and clean out accounts. If you do, that will be held against you later when assets are divided and your spouse will receive a credit for half of what you took out of the joint accounts. You should also not try to hide assets.
See, divorce is complicated which is why you really need a divorce lawyer to help you get through it all.
Common Questions About Divorce
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.
Kyrsten will guide you through the issues and give you the information needed to make the decisions that keep you moving forward. If you are in need of a family law attorney, or a skilled divorce lawyer in the Monroe, Michigan area, you can trust Kyrsten Niemiec to be on your side.