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Contact Us!

Email: info@plandivorcestrategies.com Phone: 906-221-3081 Hours: Monday - Friday 8:00 am - 5:00 pm or by appointment.
Copyright 2021 Divorce and Alternative Strategies Michigan & Wisconsin Website by North Country Website Design.

Frequently Asked Questions

Do I need an Attorney?

The law allows you to represent yourself in any legal case, including divorce, but without assistance there is no guarantee of a favorable settlement. We will provide you the tools, guidance, and confidence to represent yourself through your divorce process while keeping you focused and informed. After your free initial consultation, you will make your own decision. See “How does DAAS work?” to better understand your options.

How does DAAS work?

We do not give legal advice - we operate similarly to hiring an Attorney but at a much lower cost. We are there to help you in every aspect of the divorce process, answer all your questions and provide most of the leg work. During your free initial consultation, we will learn more about your situation, provide you with historical results and timelines for clients in similar situations and provide our honest assessment of your situation and options. You then choose the best option for your situation: Do it yourself Do it yourself with our help, at nearly half the cost of an Attorney Do it yourself with our help and hire an Attorney for the final divorce hearing Hire an Attorney after our consultation; we can provide suggestions for an Attorney

How much will it cost me?

Attorneys in a typical uncontested divorce case will require a retainer fee of $2,000 - $5,000 for legal advice, court filing fees and other legal documents. If your divorce is contested, attorneys will charge you by the quarter hour, usually at a rate of $200 - $400/hr., resulting in charges over $15,000 by the time your divorce is final. Representing yourself with our help will cost you less than half that amount.

What happens if we get back together after filing for divorce? Did I just waste all

my money?

If you and your spouse decide to get back together the divorce can be stopped; however, you are not able to receive a refund for any incurred costs associated with court filings or with DAAS’s assistance prior to that decision. Depending on where the divorce is within the court proceedings there may still be some costs associated with the withdrawal of the case. These additional costs should be minimal.

What is a “No-Fault” Divorce under Michigan Law?

Michigan is a No-Fault state which means it is possible for a spouse to get a divorce without proving fault of the other party for the marriage’s breakup. Someone seeking a No-Fault divorce can allege there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. You would be able to proceed with a divorce without any allegations of abuse, mental cruelty, adultery, drug/alcohol abuse or abandonment existing in the relationship, of course if you can validate allegations of such behavior in the relationship, these may be used in consideration of the final court judgment. No-Fault divorces do not mean that fault is not assigned in any issues addressed in your case. The court may still place fault when determining the final judgment. Any fault found against one person may be used in considerations related to alimony, child support and the division of property.

Does Michigan allow legal separation?

In Michigan, legal separations are known as separate maintenance. A "separate maintenance" case deals with support maintenance, living arrangements, child custody, etc., except the parties do not actually plan to get divorced. At the end of the case, the parties may address final custody orders, support orders, and property and debts, however, the parties will still be legally married. This occurs when a couple legally divides assets, custody, and parenting time, although the couple decides to stay legally married for some reason.

How long is this going to take?

In Michigan, if there are no children involved with your case, the final divorce decree may be issued in 60 days. In Wisconsin, the minimum is 120 days. However, if you have children involved, in both Michigan and Wisconsin, it will take a minimum of six months from the date of filing.

How is property divided between spouses in a divorce?

In most divorces, the division of most property is equitably divided. The types of property divided within a divorce include real property such as cash assets, houses, and vehicles. Considerations will also be made regarding additional pieces of property such as a vacation home, cabin or timeshare and other assets such as the following items: Health insurance Stocks, bonds, and investment accounts Retirement accounts including 401(k)s and pensions There are some exceptions to the equal distribution of assets. These include certain assets you brought into your marriage or those you inherited during the marriage. Assets that meet these criteria may be counted as personal property not eligible for equal division in the divorce. During the divorce proceedings, the court will have you and your spouse disclose how each asset was obtained.

What if I am uncomfortable in a court room before a judge?

The DAAS team cannot represent you in court or be at the table with you, but we can prepare you fully for the hearing and be in the court room with you. If you are uncomfortable representing yourself at the final hearing, we can recommend an attorney to hire for your final hearing. Utilizing this approach will still save you a considerable amount of money.

Do I have to go to court?

If your divorce is uncontested the process may move smoothly without having to go to court. Couples can have a written agreement reached between them; however, in many cases, there are some areas/items that they may not be able to agree upon. DAAS can assist you in trying to obtain a negotiated solution to the contested items. In most divorce cases, the court requires negotiation or mediation before the final hearing. If negotiation and/or mediation fail, a divorce is considered contested and further legal action will need to take place, with a judge ruling in each contested situation.

What is Mediation?

It is important to note that not every contested divorce requires going to a Divorce Trial. One of the best alternatives of going to court is to participate in Divorce Mediation. Unlike having a trial in court, when a couple goes through mediation their case is handled by a neutral third- party, a trained mediator, who will work with both spouses to reach an agreement. During the process, the two of you will be able to have open communication regarding your wants related to any disputed topics. Areas typically covered at mediation include parenting time, child custody, alimony, property division, assets, and debt. After discussions, the mediator will provide a written recommendation as to what he or she thinks should be the terms of the settlement. Both parties will have a chance to review the settlement to decide if it can be used to reach an agreement. If an agreement cannot be reached, then the mediator will report to the court and your divorce case will move forward with a trial.
How is property divided between spouses in a divorce? Do I need an Attorney for a Divorce? How much is a divorce going to cost? What is No-Fault Divorce? What is Legal Separation? How long does a divorce take?
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divorce lawyer, divorce court, divorce attorney, legal divorce, separation litigation, divorce prosecutor, divorce law, divorce counsel, divorce family law, divorce lawsuit, legal separation advice, divorce law firm, legal separation law firms, divorce ca

Contact Us!

Email: info@plandivorcestrategies.com Phone: 906-221-3081 Hours: Monday - Friday 8:00 am - 5:00 pm or by appointment.
Copyright 2021 Divorce and Alternative Strategies Michigan & Wisconsin Website by North Country Website Design.

Frequently Asked

Questions

Do I need an Attorney?

The law allows you to represent yourself in any legal case, including divorce, but without assistance there is no guarantee of a favorable settlement. We will provide you the tools, guidance, and confidence to represent yourself through your divorce process while keeping you focused and informed. After your free initial consultation, you will make your own decision. See “How does DAAS work?” to better understand your options.

How does DAAS work?

We do not give legal advice - we operate similarly to hiring an Attorney but at a much lower cost. We are there to help you in every aspect of the divorce process, answer all your questions and provide most of the leg work. During your free initial consultation, we will learn more about your situation, provide you with historical results and timelines for clients in similar situations and provide our honest assessment of your situation and options. You then choose the best option for your situation: Do it yourself Do it yourself with our help, at nearly half the cost of an Attorney Do it yourself with our help and hire an Attorney for the final divorce hearing Hire an Attorney after our consultation; we can provide suggestions for an Attorney

How much will it cost me?

Attorneys in a typical uncontested divorce case will require a retainer fee of $2,000 - $5,000 for legal advice, court filing fees and other legal documents. If your divorce is contested, attorneys will charge you by the quarter hour, usually at a rate of $200 - $400/hr., resulting in charges over $15,000 by the time your divorce is final. Representing yourself with our help will cost you less than half that amount.

What happens if we get back

together after filing for divorce?

Did I just waste all my money?

If you and your spouse decide to get back together the divorce can be stopped; however, you are not able to receive a refund for any incurred costs associated with court filings or with DAAS’s assistance prior to that decision. Depending on where the divorce is within the court proceedings there may still be some costs associated with the withdrawal of the case. These additional costs should be minimal.

What is a “No-Fault” Divorce under

Michigan Law?

Michigan is a No-Fault state which means it is possible for a spouse to get a divorce without proving fault of the other party for the marriage’s breakup. Someone seeking a No-Fault divorce can allege there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. You would be able to proceed with a divorce without any allegations of abuse, mental cruelty, adultery, drug/alcohol abuse or abandonment existing in the relationship, of course if you can validate allegations of such behavior in the relationship, these may be used in consideration of the final court judgment. No-Fault divorces do not mean that fault is not assigned in any issues addressed in your case. The court may still place fault when determining the final judgment. Any fault found against one person may be used in considerations related to alimony, child support and the division of property.

Does Michigan allow legal

separation?

In Michigan, legal separations are known as separate maintenance. A "separate maintenance" case deals with support maintenance, living arrangements, child custody, etc., except the parties do not actually plan to get divorced. At the end of the case, the parties may address final custody orders, support orders, and property and debts, however, the parties will still be legally married. This occurs when a couple legally divides assets, custody, and parenting time, although the couple decides to stay legally married for some reason.

How long is this going to take?

In Michigan, if there are no children involved with your case, the final divorce decree may be issued in 60 days. In Wisconsin, the minimum is 120 days. However, if you have children involved, in both Michigan and Wisconsin, it will take a minimum of six months from the date of filing.

How is property divided between

spouses in a divorce?

In most divorces, the division of most property is equitably divided. The types of property divided within a divorce include real property such as cash assets, houses, and vehicles. Considerations will also be made regarding additional pieces of property such as a vacation home, cabin or timeshare and other assets such as the following items: Health insurance Stocks, bonds, and investment accounts Retirement accounts including 401(k)s and pensions There are some exceptions to the equal distribution of assets. These include certain assets you brought into your marriage or those you inherited during the marriage. Assets that meet these criteria may be counted as personal property not eligible for equal division in the divorce. During the divorce proceedings, the court will have you and your spouse disclose how each asset was obtained.

What if I am uncomfortable in a

court room before a judge?

The DAAS team cannot represent you in court or be at the table with you, but we can prepare you fully for the hearing and be in the court room with you. If you are uncomfortable representing yourself at the final hearing, we can recommend an attorney to hire for your final hearing. Utilizing this approach will still save you a considerable amount of money.

Do I have to go to court?

If your divorce is uncontested the process may move smoothly without having to go to court. Couples can have a written agreement reached between them; however, in many cases, there are some areas/items that they may not be able to agree upon. DAAS can assist you in trying to obtain a negotiated solution to the contested items. In most divorce cases, the court requires negotiation or mediation before the final hearing. If negotiation and/or mediation fail, a divorce is considered contested and further legal action will need to take place, with a judge ruling in each contested situation.

What is Mediation?

It is important to note that not every contested divorce requires going to a Divorce Trial. One of the best alternatives of going to court is to participate in Divorce Mediation. Unlike having a trial in court, when a couple goes through mediation their case is handled by a neutral third-party, a trained mediator, who will work with both spouses to reach an agreement. During the process, the two of you will be able to have open communication regarding your wants related to any disputed topics. Areas typically covered at mediation include parenting time, child custody, alimony, property division, assets, and debt. After discussions, the mediator will provide a written recommendation as to what he or she thinks should be the terms of the settlement. Both parties will have a chance to review the settlement to decide if it can be used to reach an agreement. If an agreement cannot be reached, then the mediator will report to the court and your divorce case will move forward with a trial.
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Divorce and Alternative Strategies