Marriage as an institution has become more of a legal contract than a religious ceremony.
Since marriage is a contract, the involved parties, i.e. the spouses can decide to break the marriage and go their separate ways.
A divorce has many legal implications involving property ownership, child custody and other matters. The state gets involved since properties have to have legal titles and the proper care of children is another legitimate legal matter.
Separation can happen in many ways. It can be amicably settled between the spouses themselves, ‘in propria persona’ in legal terms. A mediator can help spouses negotiate an agreement. The mediator can be a lawyer, mental health professional or even an accountant. Unbundling is a term that allows partners, as general contractors, to negotiate between themselves, bringing in the services of experts only when needed. Alternatively, spouses can hire an individual lawyer to create a win-win situation. Finally, if nothing helps, the couples can go for a court trial where the division of property and custody of the children will be decided by a judge.
The role of lawyers is to help draft a separation agreement between the husband and wife. A separation agreement resolves issues related to alimony, child custody, child support and the division of property. Under the Michigan statute, a judge considers only the factors of standard of living and marital fault for deciding alimony. Similarly, for granting child custody, factors like statutory guidelines, children’s wishes, the health of the child and domestic violence are considered. The judge may employ custody evaluators. Also, child support is decided by factors like shared income, mandatory deduction for medical purposes and child care, college support and shared parenting.
A separation agreement is a binding contract, and therefore must be reviewed with care. Lawyers can be located through local bar associations and also websites. In choosing the lawyer, trust and credentials are very important to consider. By: JIMMY STURO