Howell Divorce Litigation Lawyers

Get the Divorce Litigation Help You Need

Having to endure the emotions, stress, and uncertainty of a contentious divorce as it’s brought before Michigan’s courts can be almost too much to bear.

If this is what you’re facing, turn to Gentry Nalley. With over four decades of combined legal experience, our divorce litigation attorneys provide clarity and insight to successfully handle every step of the litigation process.

From specialized resources to tailored strategies for each unique situation, our attorneys come prepared to help you navigate whatever you’re facing and protect what matters most to you.

When Michigan Divorce Litigation Becomes Necessary

While many Michigan divorces settle through negotiation or mediation, divorce litigation is often required when one or more issues can’t be resolved out of court or when urgency and court orders are required.

These situations often require Michigan divorce litigation:

The divorcing couple cannot agree:
In some instances, spouses cannot agree on the terms of a divorce, such as property, debt, or child-related issues. In these cases, a trial is needed to reach a resolution.

Mental health or substance abuse:
If one spouse has serious, untreated mental illness or substance abuse issues, this can hinder a fair negotiation during a divorce and require a trial.

Hidden, complex, or significant assets:
When a Michigan divorce involves a wide range of complex financial assets, a trial may be needed to fairly settle asset and property division.

Safety concerns or domestic violence:
When one spouse’s actions lead to protective orders or supervised parenting time, it can be impossible to negotiate and require the divorce to go to trial.

If you are facing a divorce and are experiencing these or other circumstances, let the Howell divorce litigation attorneys at Gentry Nalley help. We’ll listen and understand your unique situation and identify the best legal strategy based on your situation.

The Divorce Litigation Process

If you recognize that litigation will be necessary for your divorce, it’s important to know what to expect. Doing so will help you plan, make the right choices, and achieve the best outcome possible.

Our Howell divorce attorneys have outlined the most common steps for divorce litigation:

Filing the complaint
A divorce begins when one spouse (the plaintiff) files a Complaint for Divorce with the circuit court in their county of residence. The plaintiff must have lived in Michigan for at least 180 days and in the filing county for at least 10 days.

Serving the summons
After the court issues a summons, the other spouse (the defendant) must be officially served with copies of the paperwork. The defendant has 28 days to file a formal answer.

Temporary orders
Because divorce litigation can involve complex issues like dividing significant assets, it may be necessary to seek temporary orders that stabilize day-to-day life while the case proceeds. These often include orders for parenting time, child support, spousal support, or restraints on asset transfers.

Discovery
Both spouses and their attorneys gather and exchange information and evidence relevant to the case. This can include financial records, business valuations, and property appraisals. The evidence gathered during this phase will often be used at the trial.

Settlement conference
The court schedules a formal settlement conference where the attorneys meet with a judge to see if any issues can be resolved before trial.

Trial
If a full settlement is not reached, the divorce litigation process proceeds with scheduling a trial. This involves both sides presenting their arguments and evidence to a judge, who makes a binding ruling on all contested issues

Judgment of Divorce
Once all divorce litigation issues are resolved, the court enters a final judgment, called a Judgement of Divorce (JOD). This stipulates the specific terms of the divorce settlement in an enforceable document.

Post-judgement follow-through
The divorce litigation attorneys at Gentry Nalley go the extra mile for our clients after the divorce has been finalized. This includes ensuring all documents are processed, title transfers are completed, parenting plans are operational, and post-judgment modifications or enforcement are pursued when needed.

If you need experienced legal help with any part of your divorce litigation process, turn to the attorneys at Gentry Nalley. We will provide you with guidance and insight at each step as we deploy our tailored legal strategy to help you get the best outcome possible.

What’s Decided in a Divorce Litigation

As you enter the divorce litigation trial, the judge will weigh a wide variety of factors in determining the Judgement of Divorce. This judgement includes the final decisions on a number of important matters that will affect your life and that of your family.

Here’s what will be decided in court:

Property and debt division
Michigan directs courts to follow equitable distribution, which means a fair distribution of assets. So instead of everything being divided 50-50, Michigan courts look at factors such as duration of marriage, contributions, age/health, life status, necessities and circumstances, earning abilities, past relations and general equity.

To help you achieve the best possible outcome during this important step, our divorce litigation attorneys address important categories of assets during property and debt division, including:

• Businesses and professional practices (valuation, active vs. passive growth)
• Retirement plans and pensions
• RSUs, stock options, and deferred compensation
• Real estate portfolios (marital home, rentals, vacation property)
• Tracing separate property and commingling (inheritances/gifts vs. marital estate)

Child custody and parenting time
As the judge determines custody, the focus will be on the best interests of the child. This includes examining emotional ties, capacity to provide care, stability, moral fitness, health, school/community record, and the child’s preference by maturity.

Parenting time (visitation) is also tailored to the child’s needs and the parents’ circumstances.

Child support
Child support is issued to help cover basic necessities, including food, clothing, housing, medical care, and education. Provisions for health insurance, childcare costs, and other expenses are also frequently included.

Support is calculated primarily using the Michigan Child Support Formula, which accounts for parental income shares, overnights, health insurance, and work-related childcare.

Spousal support (alimony)
Michigan allows courts to award temporary or permanent spousal support. This is intended to help the lower-earning or non-earning spouse maintain a reasonable standard of living after a divorce by looking at multiple factors, such as the length of marriage, the needs of the spouse, their age and health, age, the standard of living they enjoyed, and the paying spouse’s finances.

The decisions above are the most impactful part of the divorce litigation process and often have life-long consequences. That’s why Gentry Nalley works tirelessly to effectively present matters to the courts and get the outcome you deserve.

Divorce Litigation Alternatives

Recognizing all that’s involved in divorce litigation, many divorcing couples in Michigan first try the available alternatives.

These include:

Mediation
This is where a neutral third-party helps spouses reach an agreement. In fact, judges often first order it for disputed issues.

Collaborative divorce
In a collaborative divorce, both parties and their attorneys work together to find solutions outside of court.

Arbitration:
In some instances, a divorce is accomplished by using a private arbitrator. This entity can decide certain issues faster and more flexibly than a public trial.

For help deciding the best approach for you, turn to the experienced divorce litigation attorneys at Gentry Nalley.

Divorce Litigation Attorneys Who Get Results

When your future, your finances, and your family are all on the line, you need divorce litigation representation help that’s courtroom-ready.

With over 40 years of combined legal experience, the Michigan divorce litigation attorneys at Gentry Nalley use strategic approaches at every step: from negotiation to trial, our tested legal guidance is designed to protect what matters most to you.

Contact Our Howell Divorce Litigation Lawyers Today

Let the divorce litigation lawyers at Gentry Nalley help you navigate your divorce with confidence and clarity. As we fight for you in court, we’ll also provide the communication and support you need to move through these difficult times and get the results you deserve.

Get started today by calling (517) 552-4092 or use our contact form.