Excellence in Family Law.
At Childers Bosch, PC, we bring more than just legal expertise to the table; we bring a commitment to strength and service that sets us apart.
Your Trusted Experts
Our Family Law Services
When it comes to family law, Childers Bosch is different. Let us show you how.
Divorce
Navigating a divorce can be one of the most difficult times in your life. We are dedicated to providing you with the support and legal expertise you need to move forward. Our attorneys are experienced in handling all aspects of divorce, including asset division, spousal support, and more. We strive to resolve your case, ensuring your rights and interests are protected.
Child Custody & Support
Ensuring the well-being of your children is our top priority. Our attorneys are skilled in managing child custody and support matters, helping you establish fair and workable arrangements. We advocate for your parental rights while focusing on what’s best for your children, whether through negotiation or litigation.
Parenting Time
Creating a balanced and effective parenting time schedule is crucial for maintaining healthy parent-child relationships after a separation or divorce. Childers Bosch will work with you to develop a plan that fits your family’s unique needs, promoting stability and positive interactions between parents and children. It is essential that children are prioritized.
Adoption
The adoption process is a joyful yet complex journey. Our team at Childers Bosch is here to make this experience as smooth as possible. We provide comprehensive legal services for all types of adoptions, including stepparent, relative, and agency adoptions. We are committed to helping you expand your family with confidence .
Dealing with a family legal issue can be heartbreaking
At Childers Bosch, we understand that family law matters are deeply personal and often emotionally challenging. Our dedicated team of legal professionals is here to guide you through every step of the process with compassion, expertise, and a commitment to achieving the best possible outcome for you and your family.
SHANE CHILDERS & SETH BOSCH
Childers Bosch PC
Understanding Divorce in Michigan
Establishing the Grounds for Divorce in Michigan
In Michigan, grounds for divorce provide the legal justification for dissolving a marriage. The state recognizes a single no-fault ground for divorce:
Irretrievable Breakdown of the Marriage:
Michigan is a no-fault divorce state, meaning that you only need to show that 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. This is typically phrased as “irreconcilable differences” or “the marriage is irretrievably broken.”
Filing the Petition for Divorce
Once you decide to file for divorce based on the irretrievable breakdown of the marriage, your attorney will assist you in completing the necessary paperwork. The first document is the Complaint for Divorce. The spouse who initiates the divorce is known as the plaintiff, and the other spouse is referred to as the defendant.
Residency Requirements:
To file for divorce in Michigan, either you or your spouse must have lived in the state for at least 180 days and in the county where you file for at least 10 days before filing. Your divorce attorney will help ensure that you meet these requirements and will file the paperwork in the appropriate circuit court.
Providing Legal Notice to Your Spouse
After filing the Complaint for Divorce, you must serve your spouse with legal notice of the divorce proceedings. You cannot simply inform them verbally; the notification must follow specific legal procedures:
1. Process Server: You can hire a process server or sheriff's deputy to deliver the papers.
2. Acknowledgment of Service: If your spouse is cooperative, they can sign an acknowledgment of service.
3. Alternate Service: If you cannot locate your spouse, you may request permission from the court for alternate service methods, such as posting or publication.
Each method has its own set of legal requirements and timelines that must be adhered to. Working with an experienced divorce attorney can help you navigate these complexities.
Your Spouse's Response
Once your spouse is served, they have 21 days to file a response if they were personally served within the state or 28 days if served outside the state or by mail. The response, or answer, allows them to state their position regarding the divorce and any counterclaims they may have.
Counter-Petition: If your spouse files a counter-petition, they may outline their requests regarding issues such as property division, child custody, support, and alimony. Both parties' attorneys will then work to negotiate these terms.
The Waiting Period
Michigan law requires a mandatory waiting period before a divorce can be finalized:
- Without Children: There is a 60-day waiting period from the date of filing.
- With Minor Children: The waiting period extends to 180 days, though it can be shortened to 60 days in cases involving hardship or other compelling reasons.
During this time, both parties can work towards an agreement on all aspects of the divorce. If an agreement is reached, it can result in an uncontested divorce, which is typically faster and less contentious.
Finalizing the Divorce
Uncontested Divorce: If you and your spouse reach a full agreement on all issues, your attorney will draft a settlement agreement to submit to the court. A judge will review and, if everything is in order, approve the agreement, issuing a final judgment of divorce.
Contested Divorce: If you cannot reach an agreement, the divorce will proceed to trial. The court will hear evidence from both sides and make decisions on unresolved issues, such as property division, child custody, and support.
Once the judge signs the final judgment of divorce, it must be filed with the county clerk’s office to complete the process. Your divorce will then be legally finalized.
Legal Assistance
Navigating a divorce can be complex and emotionally challenging. Working with skilled divorce attorneys in Michigan can provide you with the necessary guidance and support to ensure that your rights are protected and the process goes as smoothly as possible.
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Frequently Asked Questions
Here, we address some of our clients’ most common questions about family law to help you understand how we can assist with your legal needs.
At Childers Bosch PC, we handle a wide range of family law cases, including divorce, child custody and support, spousal support, adoption, and prenuptial agreements. Our experienced attorneys are dedicated to helping you navigate these sensitive matters with care and expertise.
In Michigan, child custody is determined based on the best interests of the child. The court considers various factors, such as the emotional ties between the child and parents, the parents' ability to provide for the child's needs, the child's adjustment to home, school, and community, and, in some cases, the child's preference.
To file for divorce in Michigan, one spouse must have lived in the state for at least 180 days and in the county where the divorce is filed for at least 10 days. The process begins with filing a complaint for divorce, followed by serving the other spouse, and may involve negotiations, mediation, and court hearings to resolve issues such as property division, child custody, and support.
Yes, prenuptial agreements are enforceable in Michigan as long as they meet certain legal requirements. The agreement must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets and liabilities. It should also be fair and reasonable at the time of enforcement.
Childers Bosch can assist you through every step of the adoption process, whether it's a stepparent adoption, relative adoption, or agency adoption. Our attorneys will help you navigate the legal requirements, prepare necessary documents, and represent you in court to ensure a smooth and successful adoption experience.
Comprehensive Expertise
Childers Bosch attorneys have extensive experience in handling a wide range of family law matters, from divorce and child custody to spousal support and adoption, ensuring knowledgeable and effective representation.
Compassionate Approach
We understand the emotional complexities of family law issues and provide personalized, compassionate support tailored to your unique situation, helping you navigate these challenging times with care and sensitivity.
Proven Track Record
Our firm has a proven track record of achieving favorable outcomes for our clients, utilizing strategic negotiation and litigation skills to protect your interests and secure the best possible results for you and your family.
