Legal Question in Family Law in Michigan
Non-contest divorce
My husband and I are both in agreement of wanting to divorce. We want to get it done quickly and as economically as possible. We do have a 16 year old daughter, who we know will reside with me. My husband is more than willing to set-up the child custody payment arrangement. We already have our home for sale, which we will be splitting the equity, and we know how we are dividing our personal possessions. Do we have to have a lawyer to be divorced legally in Michigan? The legal costs seem to be ridiculous.
1 Answer from Attorneys
Re: Non-contest divorce
Dear Madam:
This is in response to your email of June 8, 2001, which this office received on June 28, 2001.
There is no legal requirement that you or your husband need to retain an attorney to legally divorce in Michigan. However, I would recommend that you retain an attorney even though the cost seems high. The court has numerous procedures that the filing party must follow. The judgment of divorce, which is the final order that grants the divorce, must address all your property rights and include certain necessary language. Many times the parties omit such language or are unaware of what property rights they actually have. Furthermore, the fact that you have a 16 year-old daughter further complicates what must be included in your final judgment of divorce. Therefore, I recommend that you interview several attorneys and choose the attorney that you feel most comfortable with to handle your divorce matter.
Sincerely,
Michael D. Eberth
(313) 561-5700