Brighton Divorce Attorney | Divorce Attorneys in Brighton MI

Brighton Divorce Attorney, Murray A. Duncan Jr., P.C., is conveniently located in Southeastern Michigan, and provides Divorce representation to individuals in Brighton. The Brighton Divorce Law Firm of Murray A. Duncan Jr., P.C. is staffed with a skilled and experienced legal team who is committed to the highest standards of legal representation. Brighton Divorce Attorney, Murray A. Duncan Jr. has over 30 years of experience, and offers a variety of family law legal services including Divorce. For over 30 years, Divorce Attorney Duncan has provided outstanding legal counsel and representation to individuals in the Brighton Michigan area.

You are probably aware that divorce cases are very common nowadays. Once a couple files for divorce, they should seek legal counsel from an attorney experienced in divorce litigation. Divorce attorney, Murray A. Duncan Jr., P.C. has the expertise to protect you during the divorce process.

At the outset, Brighton divorce attorney, Murray A. Duncan Jr., P.C., will meet with you to discuss the facts and details of your divorce case. He will examine the case information to determine whether there are grounds for divorce and to file a summons and complaint against whom your divorce is sought. You will want the reassurance of understanding both the divorce modus operandi and your responsibilities during the process.

If you or your spouse has decided to file for divorce, get legal help at once. Don’t be left vulnerable and uninformed. You need to know the law to protect your own interests and you need your lawyer to guide all your actions.

Since 1984, Murray A. Duncan, Jr. P.C. has been proudly providing high quality divorce representation serving all of Brighton and Southeastern Michigan. Please contact us to schedule your personal divorce consultation at 734-941-5025.

The following are frequently asked questions about the divorce process, provided by Brighton Divorce Attorney, Murray A Duncan.  Click on a question below:

• What is a divorce?
• Does Michigan have legal separation?
• What is separate maintenance?
• What is an Annulment? Can I have my marriage annulled?
• Is Michigan a "no fault" state?
• What if we reconcile? Do we still have to complete the case?
• Can the court force us into marital counseling?
• Do you have a list of issues that I should be thinking about?
• I don't want to be divorced. Can I stop the divorce?

What is a divorce?

A divorce is a legal process where the marriage is ended. Once the divorce is granted the parties have the legal status of a single person.

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Does Michigan have legal separation?

No. This is the number one most frequently asked question in our Brighton MI divorce legal office. Most people believe that this is a true statement. Michigan does have a separate maintenance statute (see below). A few southern states do have legal separation. Many divorcing couples believe that they are 'legally separated' after one of them has filed for divorce. This is not true. Michigan does not require couples to separate when a divorce is filed. Most judges will require that the couple to separate upon the granting of the divorce.

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What is separate maintenance?

Separate Maintenance is a process much like divorce. It accomplishes everything that a divorce does in regard to property settlement and child issues. The only difference is that the parties are still legally married after the judgment is entered. They cannot re-marry unless a divorce is granted. The vast majority of separate maintenance cases filed end up being converted to a divorce before they are finalized.

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What is an Annulment? Can I have my marriage annulled?

An annulment is a legal process that places the parties back into the status they were in before the marriage. It is a judicial ruling that a valid marriage never took place because of a defect existing when the parties were married. It is not a divorce or separate maintenance. The requirements for annulment in Michigan are somewhat strict. They are as follows:

• Where one or both of the parties was already married at the time of this marriage
• Where the parties are related within certain degrees of consanguinity or affinity
• Where one or both of the parties were under legal age when the marriage took place
• Where one or both of the parties was mentally incompetent
• Where fraud or duress existed
• Where one or both of the parties was afflicted with a venereal disease
• Sterility or impotency

Other grounds, such as where the marriage is a sham. Lack of consummation is generally not a valid basis.

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Is Michigan a "no fault" state?

Yes. That is to say, no showing of fault is required to obtain a divorce. One of the parties only has to allege that the marriage is broken down to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. However, fault CAN be a factor for the court to consider when dividing property and awarding custody of children. The courts will usually require that the fault be significant before they will move off of the 50/50 division standard. Most judges will not consider your spouse's extramarital affair to be significant. Often times in a short term marriage, the court will seek to place the parties back into the position they were in before the marriage.

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What if we reconcile? Do we still have to complete the case?

No. Each party has an independent right to have the case finalized. But, if you each decide that you wish the case to be dismissed, the court will always grant your request. The court has a strong preference toward saving marriages.

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Can the court force us into marital counseling?

Yes. However, this is very, very rare. I am not aware of a Michigan judge who will order this.

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Do you have a list of issues that I should be thinking about?

Yes. The first part of the list is for all cases. Our Divorce Attorneys have then listed additional issues for cases involving children.

• Personal property division
• Real estate issues
• Pensions; IRA, CDs, 401k, QDROs, misc. investments
• Vehicles of all types; boats, trailers, etc.
• Income taxes
• Bankruptcy issues
• Mis-conduct of spouse in regard to hiding or destroying assets
• Joint obligations, including debts
• Restoration of prior name
• Life insurance (whole & term policies)
• Attorney fees and costs and expenses of the divorce
• Spousal support (alimony)
• COBRA benefits

For cases with children:

• Custody
• Parenting time
• Child support and day care expenses
• Medical expenses and insurance
• Child tax exemptions
• College education; summer camps, special situations
• Life insurance to protect support

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I don't want to be divorced. Can I stop the divorce?

No. Each party has an absolute right to have the case finalized. This right was granted when the so-called ‘no-fault' laws came into effect.

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Contact an Experienced Brighton MI Divorce Attorney

You have rights under the law, and I am here to ensure that they are protected. Contact Brighton divorce attorney, Murray A. Duncan Jr. at once if you are considering divorce in Brighton Michigan. My initial phone consultation is always free. Call today at (734) 941-5025!