Collaborative divorce is an out of court process used to resolve marital disputes in Michigan. Spouses work with experienced attorneys and neutral experts, including financial specialists and child coaches, to reach their own agreements.
What couples resolve through the collaborative process
The collaborative process provides a private environment for spouses to negotiate their own terms before submitting them to the court. Issues usually covered include:
- Property and debt division: Spouses decide how to divide marital assets, such as homes, cars and bank accounts. They also agree on who will pay each shared debt.
- Business valuations: A neutral financial expert determines what a business or private investment is worth. Both spouses then use those numbers to negotiate a fair split.
- Child custody and parenting time: Parents create a plan for legal custody, physical custody and the weekly parenting schedule. The plan also explains how they will handle disagreements in the future.
- Child support and expenses: Parents calculate support payments using the Michigan Child Support Formula. They also agree on how to share extra costs, such as healthcare, school and activities.
- Spousal support: Spouses decide whether one of them needs support. If so, they negotiate the amount, how long payments last and how taxes will apply.
- Retirement accounts: Spouses divide pensions, 401(k) plans and IRAs using special court orders. These orders allow the accounts to be split without tax penalties.
Once spouses reach agreement on each of these points, their attorneys combine the terms into one written settlement. The court then reviews the agreement and, if it meets legal requirements, signs it to finalize the divorce.
Choosing the right path for a Michigan divorce
The way spouses divorce can shape how property is divided, what parental rights each parent keeps and how stable their finances are later. A Michigan family law attorney can help review a couple’s case, guide their negotiations and protect their rights throughout the process.