Howell Divorce Lawyers

Let Our Experienced Attorneys Help You Navigate Your Complex, High-Asset Divorce

Few things can be more difficult or painful than a divorce.

Gentry Nalley understands the anxiety and stress caused by thoughts of losing what matters most to you, especially when combined with the complexities that are unique to your case, such as child custody issues, high-asset property division, or protecting inheritances.

With decades of legal experience, our Howell divorce attorneys provide in-depth guidance and representation at every step of the process.

Our high-touch approach utilizes family experts, financial professionals, and even the latest in technology to provide your case with an in-depth analysis to protect what matters most to you.

Key Considerations for Divorces in Michigan

To help alleviate fear and anxiety, our divorce attorneys want to help you be prepared for what to expect. That means being aware of key aspects of a divorce, including what is at stake and how Michigan laws may impact your case.

Property Division

Michigan law follows the principle of equitable distribution when dividing up property during a divorce. This means the court considers various factors in order to divide marital property fairly, rather than a 50/50 split.

Here are some of the most common assets subject to division during a Michigan divorce:

• Financial assets – Bank accounts, stocks and investments, and retirement accounts
• Real estate – The primary residence of the couple, vacation homes, and investment properties
• Personal property – Vehicles, valuables, and other personal belongings
• Business interests – Businesses that were started or acquired during the marriage
• Marital debt – Debts that were accumulated during the marriage

However, not all property may be subject to division during a divorce.

For example, separate property, such as assets acquired before the marriage or by inheritance or gift, may not be part of the division of property.

Child Custody and Parenting Time

Michigan divorces that involve children are often very complex. After all, so much is at stake when ending a marital relationship while still protecting parental relationships.

To help minimize negative repercussions, Michigan courts focus on the best interests of the child when determining custody and parenting time.

Factors that impact child custody decisions include:

• Emotional ties between the child and each parent
• The capacity of each parent to provide love, guidance, and care
• The stability of each parent’s home environment
• The moral fitness, mental and physical health of the parties
• The child’s preference (depending on age and maturity)
• Any history of domestic violence

In Michigan, custody can be joint (shared by both parents) or sole (awarded to one parent), depending on what is in the child’s best interest. Additionally, there are two types of custody under Michigan law: physical custody and legal custody.

• Physical custody – This involves determining where and with whom the child lives.
• Legal custody – This gives broader rights to make major decisions about the child’s upbringing (education, medical care, religion).

Child Support

To care for a child’s ongoing physical needs, Michigan law requires both parents to financially support their children. This is often determined using the Michigan Child Support Formula, which takes into account:

• Each parent’s income
• Number of overnights with each parent
• Childcare expenses
• Health insurance costs
• Special needs of the child

Spousal Support (Alimony)

To help the lower-earning or non-earning spouse maintain a reasonable standard of living after a divorce, spousal support may be awarded in a Michigan divorce.

While spousal support is not automatic, the court will consider multiple factors to determine if it should be awarded.

Factors that influence spousal support may include:

• Length of the marriage – Long-term marriages of 10 years or more increase the chances of spousal support
• Contributions to the marriage – This includes both financial and non-financial contributions, such as those of a homemaker or parent
• Age, health, and earning capacity of each party – Spouses who are older, less healthy, or less likely to be able to work may have greater financial needs that the courts will consider
• Standard of living during the marriage – To help the receiving spouse maintain a similar standard of living and lifestyle they enjoyed during the marriage, support may be awarded to them

Additionally, each mate’s conduct during the marriage may also be considered, even though Michigan is a no-fault state.

If spousal support is awarded, the courts will also determine how much should be awarded and for how long, based on the needs of each spouse.

Recognizing all that is involved and at stake with your Michigan divorce, it’s essential to have proven legal counsel that fights to protect what matters most to you.

The Howell divorce attorneys at Gentry Nalley have helped thousands of Michigan residents get the best outcome possible and are ready to help you navigate each aspect of your divorce.

What to Expect in a Michigan Divorce

As mentioned earlier, Michigan is a “no-fault” state, meaning you don’t need to prove wrongdoing to get a divorce.

Instead, Michigan law requires that one party testify that the marriage has broken down with no reasonable likelihood of reconciliation. Once this takes place in the circuit court where they live, the divorce process can begin.

Common steps in a Michigan divorce:

Service of papers – The other spouse must be officially served with divorce papers that formally notify them about the divorce, as well as outlining other key details such as specific requests and deadlines.

Answer and temporary orders – The responding spouse has the opportunity to file an answer to what is contained in the divorce papers. During this time, temporary orders may be issued for custody, support, or use of the marital home.

Discovery and negotiation – Both parties disclose financial and property information. Depending on the choices of the parties involved, negotiations may be held to resolve disputes.

Mediation or litigation – If agreements can’t be reached, the case may proceed to mediation. If no agreements are reached, the case moves to trial. In these settings, an experienced divorce litigator is essential to achieve an optimal settlement.

Judgment of Divorce – Once all issues are resolved, the court enters a final judgment, called a Judgment of Divorce (JOD). This legally ends the marriage, as well as stipulates the terms of the divorce settlement in an enforceable document.

In Michigan, there’s a mandatory waiting period before the divorce can be finalized. This waiting period is 60 days for divorces without children, and a 6-month minimum waiting period if minor children are involved.

While the above steps are the most common, each divorce is different.

Some divorces end amicably, where both mates recognize the relationship has reached its end. If this is your case, then the divorce lawyers at Gentry Nalley can provide the legal guidance and understanding to move things along as swiftly and smoothly as possible.

Other divorces, however, may not be so simple. These may involve one mate who is not willing to cooperate with legal proceedings, even making matters difficult on purpose.

If this is happening to you, then let Gentry Nalley step in. Our Howell divorce lawyers can make use private investigators, family or financial experts, or even types of surveillance technology to establish evidence that provides you with the leverage you need to achieve the outcome you deserve.

Help with High-Asset Divorces

Divorces involving significant assets or complex financial matters demand experienced legal counsel to navigate each aspect and secure a successful outcome.

If your divorce involves business interests, multiple real estate holdings, investments, pensions, or executive compensation packages, then you’re likely facing a high-asset divorce. That means you’re going to need legal help from a firm that knows how to manage them.

This includes handling:

• Business valuations
• Tax consequences of asset division
• Hidden assets or income
• Prenuptial and postnuptial agreements
• Retirement plan divisions

Gentry Nalley goes to great lengths to clearly establish financial matters during high-asset divorces. This can include the use of third-party financial professionals to evaluate the value of a spouse’s assets or forensic accountants to piece together crucial financial evidence.

Regardless of what you may be facing, our Howell divorce attorneys and legal team will care for every legal matter surrounding your high-asset divorce.

Michigan Divorces Involving Separate Issues or Inheritance

In Michigan, divorces involving separate inheritances, property, or personal belongings can quickly create complex challenges and strong emotions.

When dealing with these situations, it’s important to recognize that Michigan is a dual-property state. This means marital assets involved in a divorce are categorized into two distinct types: separate property and marital property.

Separate property

In general, any property owned before a marriage or any property received as an inheritance or gift is considered separate property and is not subject to division in a divorce.

Marital property

Property obtained between the date of your marriage and the date of divorce is generally considered marital property and can be divided by the court during a divorce.

However, if inherited assets are mixed or “commingled” with marital assets, they may lose their separate property status and become subject to equitable division. For example, if a spouse deposited inherited money into a joint bank account, it would become marital property that can be divided in a divorce.

If you’re facing a divorce that involves separate issues or inheritance, let Gentry Nalley put you in control.

Our Howell divorce attorneys understand the best strategies and steps to take if you have an inheritance or property that you brought to the marriage and want to keep separate from the marital estate.

Additionally, our ample resources can help prove that holdings prior to the marriage should remain yours after the divorce.

Post-Judgment Modifications after a Divorce Ruling

Once a judge makes a Judgement of Divorce, each party is legally bound to follow through with its terms. However, these terms may need to be modified as circumstances change for either parents or children.

When these significant changes occur, Michigan law allows for a post-judgement modification. This lets courts modify child custody, child support, spousal support, and parenting time as needed to better meet the new circumstances.

Examples of significant changes that may lead to a post-judgement modification include:

• Relocation of a parent
• A significant increase or decrease in income
• A child’s new needs
• Major health issues

If circumstances have changed for you or your family, Gentry Nalley is ready to help modify divorce rulings to properly reflect these changes.

Get the Results You Deserve After Your Michigan Divorce

We understand how you feel as you face the threat of losing what matters most to you from a divorce. That’s why we go to extraordinary measures to help you gain the legal edge you need to safeguard what matters most to you.

Let our family law & divorce attorneys help you successfully navigate the legal process and attain the results you deserve for complex divorces involving your child’s custody or your inheritance, property, or personal holdings.

Contact Our Howell Divorce Lawyers Today

Our Howell divorce attorneys are ready to provide everything you need involving a high-asset divorce. Our compassionate, efficient family law & divorce lawyers are ready to fight for you and get you the results you deserve.

Contact us today by calling (517) 552-4092 or use our contact form.