Top Family Law and Divorce Attorneys in Oakland County
The practice of family law in Oakland County is unlike anywhere else in Michigan. Experienced family law lawyers will most likely know the unique and vital dynamics that can make a difference in your divorce or custody dispute.
How to Find the Best Divorce Attorneys in Oakland County
The decision to divorce will impact every aspect of your well-being – emotionally, socially, and financially. Whether you and your spouse had children or not, the decision to divorce has serious ramifications, and it is always wise to consult with a lawyer before making such a life-altering decision. The lawyers at LEWIS & DICKSTEIN, P.L.L.C. have seen hundreds of clients face the consequences of inadequate representation in divorce proceedings. If you are looking for family law and divorce attorneys in Oakland County, LEWIS & DICKSTEIN, P.L.L.C. can help you find a family law attorney who will fight tirelessly to help you navigate the ins and outs of obtaining a divorce in Michigan.
First Step: Do I need a Lawyer?
Getting a divorce is a lengthy, complex process with numerous moving parts. Even if you and your ex are amicable, we advise clients to hire a lawyer. Why is it necessary to involve a reputable Oakland County divorce attorney from the beginning? You cannot depend on your spouse’s lawyer to protect your assets, your home, or your relationship with your children. Few clients possess the knowledge or expertise to accurately and adequately value their assets during divorce proceedings. Additionally, the judge may enter some orders at the beginning of a divorce case that can significantly impact where you live while the divorce is pending, what assets you can access, and how often you can spend time with your children.
A good lawyer is essential if there are either fraud or abuse allegations in the marriage. If there was a prenuptial agreement, this is another primary reason you need a top lawyer involved. The aggressive attorneys with LEWIS & DICKSTEIN, P.L.L.C. have come to know the top lawyers in Oakland County who will fight for your right to marital property, fairness regarding spousal support, and all matters related to the children – custody, child support, and other timely issues.
Michigan: a “No-Fault” State
Some people worry that obtaining a divorce in Michigan will be a challenging process. Because Michigan is a “no-fault” state, you do not need to prove cheating or domestic violence to get a divorce. While it sounds relatively straightforward in theory to get a divorce in Michigan, an experienced Oakland County divorce lawyer will know how to protect your financial interests and custody if children are involved. A respected and influential attorney can turn the tables to your advantage!
What qualities can I expect in a top divorce attorney in Oakland County, Michigan?
A top Oakland County family law and divorce attorney should possess various qualities to effectively represent and guide clients through complex and emotional legal matters. Here are some of the key attributes you should expect:
- Experience: They should have a wealth of experience in family law in Oakland County, with a thorough understanding of the intricacies involved in divorce, child custody, spousal support, and property division matters.
- Local Knowledge: Familiarity with Oakland County’s legal system and its professionals, including judges and opposing counsel, can be invaluable.
- Communication Skills: The attorney should be able to communicate clearly and promptly, keeping you informed about your case and explaining complex legal concepts clearly and understandably.
- Compassion: Family law issues are often sensitive and personal. A top attorney should demonstrate empathy and understanding towards your situation. Arrogant lawyers usually cause unnecessary stress and anxiety.
- Strong Advocacy: An influential and effective Oakland County divorce attorney will strongly advocate for your interests, ready to fight for you in negotiations or court if necessary. Your lawyer should fight for you, not against you.
- Negotiation Skills: Lawyers resolve many family law issues through negotiation. A top attorney should be an excellent negotiator, working to achieve the best possible outcome for you. A professional golfer has a variety of clubs for different situations. Similarly, a great lawyer has multiple skills to help clients in every situation.
- Problem-Solving Skills: The attorney should be adept at identifying issues and finding creative solutions to resolve them. Often, going to court can be the most expensive way to resolve a family law dispute. A great lawyer will explore all options in an effort to save their client money and achieve a great resolution.
- Ethical and Professional: They should uphold the highest standards of professionalism and ethics, maintaining your confidentiality and trust. Some family law lawyers are notorious for questionable legal advocacy. Respected lawyers with impeccable reputations tend to get the best results.
- Attention to Detail: Family law cases often involve complex financial or parenting arrangements. Attention to detail is crucial for ensuring that all aspects of your case are addressed. Legal mistakes in family law cases can have dire consequences.
- Resourcefulness: A top attorney should have access to a network of other professionals, such as accountants, therapists, and parenting coordinators, which can be beneficial in supporting your case.
- Patience: Legal processes can be lengthy and frustrating. The attorney should be patient, helping to guide you through the process and managing expectations. It is equally important for the client to exercise patience. So long as the attorney is doing everything they can, the client must understand that the wheels of justice can turn slowly.
- Availability: They should be accessible and responsive when you need assistance or have questions about your case. It should take no longer than 24 hours to get a return call, and every message and email deserves a response.
- Flexibility: An Oakland County divorce attorney should be flexible and adaptable, able to adjust strategies as needed throughout the course of your case.
- Credibility: They should have a good reputation in the legal community, known for their expertise and integrity. Many online resources are available to look for client reviews and attorney endorsements. At LEWIS & DICKSTEIN, P.L.L.C., we work with many of the most respected family law lawyers in Oakland County.
By ensuring that your Oakland County family law attorney possesses these qualities, you can feel more confident in their ability to handle your case with the proficiency and care it requires. Please feel free to contact us by phone or email. We will find a way to help you!
Frequently Asked Questions
Do I qualify to file for divorce in Oakland County, Michigan?
“Do I qualify to file for divorce in Oakland County, Michigan?” is one of the first questions people ask, and the answer is usually straightforward. At least one spouse must have lived in Michigan for 180 days before filing. In most cases, both spouses must also have lived in Oakland County for at least 10 days. If you have recently moved or your situation is unusual, an Oakland County divorce attorney can quickly confirm whether you meet the requirements or whether waiting is more advisable.
Where is an Oakland County divorce case filed?
Divorce cases are filed in the Oakland County Circuit Court, Family Division. Filing in the wrong court can delay your case or require you to restart it. A local Oakland County divorce attorney handles the filing, service, and early scheduling so the case begins cleanly and correctly.
How long does a divorce take in Oakland County?
People often expect a quick answer here, but the truth depends on several factors. Michigan law requires a minimum 60-day waiting period in divorces without minor children. If you share minor children, the minimum waiting period increases to six months. Contested custody issues, financial disputes, or high-conflict cases often require more time.
Can the six-month waiting period be shortened when children are involved?
Sometimes, but not often. Judges may shorten the waiting period if there is a strong reason, such as hardship or urgency. Even then, the court cannot reduce the waiting period to less than 60 days. Whether to request a reduced waiting period is a strategic decision that should be made carefully, with the guidance of an experienced Oakland County divorce attorney.
Is Michigan a no-fault divorce state?
Yes. Michigan does not require you to prove wrongdoing to obtain a divorce. The court only needs to determine that the marriage has irretrievably broken down. That said, conduct can still matter when the court decides issues like property division, spousal support, and custody.
What is the difference between an uncontested and contested divorce in Oakland County?
An uncontested divorce means both spouses reach an agreement on all major issues. A contested divorce means one or more issues remain disputed and require court involvement. Many contested cases eventually settle, but how they start often affects how they end. A skilled Oakland County divorce attorney helps position the case for resolution without giving up leverage.
How does property division work in an Oakland County divorce?
Michigan uses equitable distribution, which means the court divides marital property in a way it considers fair. Fair does not always mean equal. Judges look at factors such as the length of the marriage, each spouse’s contributions, earning ability, and future needs. Disputes over what is marital versus separate property are common and often misunderstood.
How is spousal support decided in Oakland County?
There is no fixed formula. Courts evaluate multiple factors, including income, earning potential, health, age, and the standard of living during the marriage, to determine the division of assets. Oakland County judges expect detailed financial disclosures and credible arguments. Preparation is crucial here, and shortcuts often backfire.
What role does the Friend of the Court play in Oakland County divorce cases?
If children or support issues are involved, the Friend of the Court often becomes part of the process. It may assist with child support calculations, enforcing parenting time, or investigations ordered by the judge. Understanding how the Friend of the Court functions can prevent surprises and delays.
How does the court decide child custody and parenting time?
Custody decisions focus on the child’s best interests. Judges examine several statutory factors, including stability, parenting ability, emotional ties, and each parent’s willingness to support the child’s relationship with the other parent. These cases are fact-driven and highly personal. Assumptions often do more harm than good.
Can I get temporary orders early in my Oakland County divorce?
Yes, and this is critical. Temporary orders can address issues such as custody, parenting time, child support, spousal support, use of the marital home, and payment of expenses. These early orders often shape the direction of the entire case. Treating them casually is a common and costly mistake.
Should I move out of the marital home before filing for divorce?
This decision deserves careful thought. Moving out can affect custody schedules, control of the home, and negotiating power. In some cases, leaving is the right choice. In others, it creates avoidable problems. Speak with an Oakland County divorce attorney before making that move.
How are high asset divorces handled in Oakland County?
Cases involving businesses, professional practices, investments, retirement accounts, or hidden assets require a more sophisticated approach. Valuations, subpoenas, and financial analysis are often necessary for effective decision-making. Experience matters in these cases, especially when one spouse has control over the finances.
Do I really need an Oakland County divorce attorney?
Some people try to handle divorce on their own and later regret it. Divorce can significantly impact finances, parenting, and long-term stability. Even cases that seem simple at the start can become complicated quickly. An Oakland County divorce attorney helps protect your interests and avoid mistakes that can be difficult to rectify.
Hiring an Oakland County Attorney
There are many factors you must consider before hiring an Oakland County divorce or family law attorney to represent you. LEWIS & DICKSTEIN, P.L.L.C. is home to some of the most aggressive and experienced lawyers in the state who have “seen it all” in divorce and family law cases. If you are considering filing for divorce or your spouse served you with divorce papers, we can help you find the best family law lawyer in Oakland County to help you!
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
