1. EVERY CASE GOES TO TRIAL
Most spouses want their divorce to be as quick and painless as possible. And, every judge wants your divorce case to settle without the necessity of a trial.
Settling your case without the need for litigation has many benefits. Coming to an agreement with your spouse will allow your divorce to conclude much quicker than waiting months for a trial date. The sooner you are able to close the door on your divorce, the sooner you can open the new door to your new life.
Another benefit of settling your divorce case is that it will save you from spending your money on attorney’s fees. The attorney’s fees associated with preparing and attending a trial can be quite costly.
Lastly, when you and your spouse craft your own agreement and agree on the terms of your divorce, you are much more likely to be satisfied, and less likely to have post-divorce litigation. You created your own agreement and are more likely to follow through with what you agreed to.
It’s not fun when a judge dictates your future. Take control of your own future, learn to make concessions, and settle your case under fair and equitable terms.
2. WOMEN ARE THE PREFERRED CUSTODIAL PARENT
It’s true that history shows that when there was a custody battle over the children, mothers were the preferred custodial parent, and primarily awarded custody of the children. There have been a lot of change in child custody arrangements. Parents are now asking for equal responsibility and to share custody of the children. If you are unable to come to an agreement with the other parent, then the judge will need to decide. In a custody battle Michigan court must evaluate the 12 best interest factors before making a decision on child custody and parenting time. The judge will review the following factors:
- The love, affection and other emotional ties existing between the parties involved and the child.
- The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
- The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of the parties involved.
- The mental and physical health of the parties involved.
- The home, school, and community record of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
- The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
- Any other factor considered by the court to be relevant to a particular child.
If your custody case must go to trial, it is not an automatic win for either parent. After careful review of the above factors, the judge will make a ruling on custody and parenting time.
Contact the Knowledgeable Michigan Divorce Attorney at Schmitt Law, PLLC for Immediate Assistance
If you filed for divorce, or are considering filing in the near future, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan divorce cases and the related issues that frequently come up in the divorce process, including spousal support, child custody and child support. We provide custom-tailored legal advice and solutions for clients. To learn more about how we can help you through the divorce process, contact Schmitt Law, PLLC today by completing our online contact form, or calling us at (616) 310-4975 to schedule a consultation.