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At Herbert Machnik Law Firm, we provide compassionate yet assertive advocacy for clients in the Kalamazoo County area who are going through the often-difficult process of divorce. We manage all aspects of divorce, from simple matters to complex divorce issues requiring intensive investigation and litigation. We are dedicated Kalamazoo divorce attorneys and divorce lawyers committed to your success.
We take a holistic approach to divorce, examining the many nuances that affect your life and considering how we can arrive at the positive solution that you need. Our primary focus is always on your well-being, from securing an equitable financial settlement to prioritizing the stability of your children.
Some of the most common divorce and family legal issues we handle include:
What are your goals? Amidst all the chaos of a divorce, you need to create a plan for what’s next. Our divorce attorneys empower you to make critical decisions made during each step of the divorce process, always keeping in mind your long-term goals and preferences. If you’re looking for a dedicated divorce lawyer in Kalamazoo, we’re here to help.
Divorce can take an immense emotional toll on you. When it comes to family conflicts involving your children, assets and marital home, we find that emotions can run high, causing people to miss the forest for the trees.
Our team helps you look at the big picture, approaching the matter pragmatically to find cohesive solutions. We provide straightforward counsel and give you realistic expectations of what to expect – even if it is not necessarily want to hear. Trust our experienced kalamazoo lawyers to guide you.
When a divorce is looming over the horizon, it is important to get all the facts you can. Here are the answers to some of the questions our clients ask most often:
Michigan is strictly a “no-fault” state when it comes to divorce, which means that the only reason (“ground”) you can use to file for divorce is that there has been an irretrievable breakdown of the marital relationship, to the point that it is entirely beyond hope of repair. However, fault may become relevant when it comes to issues such as property division or support, particularly if one spouse’s behavior has been particularly egregious.
First, at least one spouse must meet the state’s six-month residency requirement to file for divorce. The actual process begins when one spouse files a divorce complaint with the Family Division of the Circuit Court in the county where they reside. The other spouse must then be served notice of the divorce petition and given 21–28 days (depending on how they were served or their location) to respond. If they do not respond, the divorce is considered uncontested and can be approved after a 60-day waiting period (180 days if there are minor children).
If the defendant-spouse responds and contests any part of the plaintiff-spouse’s petition, the discovery phase and negotiations begin. Each spouse will be required to provide full financial disclosure of all their assets and debts, and will generally be obligated to try to settle through negotiations and/or mediation. If that fails, then the issues in dispute will eventually be litigated and a judge will decide.
An uncontested divorce, where the couple finds a way to agree on a settlement, is typically quicker and less costly than a contested divorce that has to be litigated.
Custody is always determined based on the best interests of the child. In general, the law presumes that parents should have equal (or nearly so) time with their children to best preserve the parent-child bond. It takes strong evidence that this is not in a child’s best interests to rebut that presumption.