If you are stuck in your situation and want out, you may want to settle your divorce quickly. Divorce can be one of the most challenging times in your life, and your decision to move on with your life without your spouse may be best. Once issues relating to kids, custody and support are resolved (or not at issue), It is important to understand these two things before you settle a divorce case.
Understand what there is to divide before you settle.
Information is key to settlement. That is, the first must do before you settle a divorce case is to understand what property there is to divide. In other words, it is hard to have a meaningful discussion about property division before you have an understanding of what property is divided in a divorce case?
First, a Verified Financial Information Form (VFIF) is a form required to be exchanged within 28 days after service of the complaint providing information regarding employment, income, account balances (current and 90 days prior) and liabilities.
Second, Interrogatories and request to produce documents are written questions written by your attorney requiring answers to specific questions along with a formal requests to produce documents which must be timely answered.
Third, a Subpoena, is a court order signed by your lawyer requiring the production of documents or to appear in person. Typically, a Subpoena is issued to a bank or employer requesting documents such as payroll records, account statements etc.
Fourth, a deposition which is the process by which live testimony is taken to clarify answers to questions.
It is important to understand that not every case requires extensive discovery. However, every case does require trust and confidence that the client has an understanding of the nature and extent of the marital estate.
Lawyers will often use a marital balance sheet to organize the marital estate and help clients evaluate the settlement options. The attorney and client can evaluate proposed division, tax implications and the structre of the division using all of the information available to help the client make an informed decision.
Understand how marital property is divided.
Only after you have an understanding of the nature and extent of the marital estate, should you begin settlement discussions relying on your attorney to advise you about how marital property is divided? It is important to note that not all property is divided in divorce.
A similar analysis should be conducted regarding alimony and support by first having an understanding of what income is available for support then relying on your lawyer in determining what Michigan law provides in awarding alimony and child support in your situation.
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I have been exclusively practicing divorce and family law in Michigan for almost 30 years. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances. That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
