Going through a divorce is hard. It gets harder when you and your spouse cannot agree on things. This guide will help you understand what happens next in Michigan if you cannot settle your divorce case.
What is a Divorce Settlement?
Understanding Settlements: A divorce settlement is an agreement. It is a plan that you and your spouse make. This plan says how you will split things like money, property, and time with kids after the divorce. Why Settle?: Making this plan yourselves is often better than having a judge decide. You know your life best. Settling can save time, money, and stress for everyone involved.
Key Parts of a Settlement:
- Property Division: Deciding who gets the house, cars, and bank accounts.
- Child Custody: Making a plan for where the children live and who makes decisions for them.
- Support Payments: Figuring out child support or spousal support (alimony).
Goals of Settling:
- Fairness: Trying to split things in a way that feels right to both people.
- Clarity: Making sure the agreement is clear and easy to understand.
- Avoiding Court: Keeping the final decisions out of a judge’s hands.
Example: Sarah and Tom decided to settle their divorce. They talked about who would keep the house. They agreed Sarah would keep it, but she would give Tom some money from her savings to make it fair.
Why Might Spouses Disagree on Settlement Terms?
Common Reasons for Disagreement: People often disagree during a divorce. Feelings can be strong. Trust might be low between the spouses. Money and Property Issues: Big disagreements happen over money and property. One person might think an item, like a house or a business, is worth more than the other person thinks it is. This makes splitting things hard.
Sources of Conflict:
- Money Values: Not agreeing on how much things are worth.
- Emotional Ties: One person might feel very attached to the house or certain items.
- Future Needs: Worrying about having enough money after the divorce.
Child-Related Disagreements:
- Custody Schedules: Not agreeing on when the children spend time with each parent.
- Parenting Decisions: Disagreeing on school choices or health care for the kids.
- Child Support Amount: Arguing over how much money is needed for the children.
Example: David felt the family business was worth a lot because he built it. His wife, Lisa, had an expert say it was worth much less. They could not agree on how to split its value.
What Happens Immediately If We Can’t Agree?
Next Steps When Stuck: If you cannot agree on the whole settlement, the case does not just stop. You might need help from others. The court process keeps moving forward. Trying to Find Solutions: Sometimes, lawyers can help you talk and find a middle ground. A mediator might also help. A mediator is a neutral person who helps couples find agreements.
Possible First Actions:
- More Talking: Lawyers might try to negotiate more to solve the problem.
- Mediation: You might be asked to try mediation to reach an agreement.
- Court Hearings: The judge might hold meetings to check on the case and push for agreement.
Court Involvement Starts:
- Setting Dates: The court will set deadlines for steps needed before a trial.
- Temporary Orders: A judge might make temporary decisions about kids or money while the case continues.
- Preparing for Trial: If agreement seems impossible, you start getting ready for court.
Example: Maria and Ben could not agree on the parenting time schedule. Their lawyers suggested they meet with a mediator. The mediator helped them create a schedule they both felt was okay for the kids.
What Does “Going to Trial” Mean in a Divorce?
Understanding a Divorce Trial: If you cannot agree on your divorce settlement, the final step is a trial. A trial is a formal meeting in court. A judge listens to both sides and makes the final decisions. How it Works: You and your spouse, along with your lawyers, present information to the judge. This includes documents and spoken testimony. The judge uses rules and laws to decide who gets what.
What Happens at Trial:
- Presenting Evidence: Showing documents like bank statements or house appraisals.
- Witness Testimony: You, your spouse, and maybe experts will answer questions under oath.
- Lawyer Arguments: Lawyers explain why their client’s view is correct based on the law.
The Judge’s Role:
- Listens Carefully: The judge hears all the information presented by both sides.
- Asks Questions: The judge may ask questions to understand things better.
- Makes Final Rulings: The judge issues a final order that legally ends the marriage and divides assets/debts and sets custody.
Example: Ken and Jen could not agree on alimony. They went to trial. Jen’s lawyer showed proof of her income needs, and Ken’s lawyer argued he couldn’t afford it. The judge listened and made a final decision on the amount and length of payments.
Can We Settle Some Issues But Not Others?
Partial Agreements: Yes, you can agree on some things even if you disagree on others. This is common. It can make the trial shorter and less costly. Focusing the Disagreement: For example, you might agree on how to divide retirement accounts but disagree on the value of the house. The trial would then only focus on the house issue.
Benefits of Partial Settlements:
- Saves Time: Less time spent arguing in court.
- Reduces Costs: Lower lawyer fees because fewer issues are fought over.
- More Control: You keep control over the parts you agree on.
How it Works in Court:
- Tell the Judge: You inform the judge which issues are settled.
- Put it in Writing: The agreed-upon parts are written into a partial settlement.
- Trial on Remaining Issues: The trial only covers the specific points of disagreement.
Example: Anna and Mark agreed on child custody and parenting time. However, they disagreed strongly about who should keep their valuable art collection. They signed an agreement for custody and went to trial only to decide about the art.
How is Property Like a House Valued if We Disagree?
The Challenge of Valuation: The value of a house is a common point of disagreement. One person might think it’s worth more than the other. This matters because it affects how property is divided fairly. Using Appraisals: Often, a professional appraiser is hired. This person inspects the house and gives an opinion on its market value. But even appraisals can be disputed.
Ways to Value a House:
- Appraisal: A licensed professional gives a written estimate of value.
- Market Analysis: A real estate agent compares your house to similar sold homes.
- Agreement: You and your spouse might simply agree on a value.
What Market Value Really Means:
- What a Buyer Pays: The true value is what someone is willing to pay right now.
- Market Conditions Matter: House values change based on the economy and local demand.
- Not Replacement Cost: Value isn’t based on what it would cost to build a similar house.
Example: Jill thought her house was worth $300,000 because she loved the neighborhood. An appraiser said it was worth $250,000 based on recent sales. If they go to trial, the judge will likely consider the appraisal and other market evidence, not just Jill’s feelings.
Are There Other Ways to Resolve Disagreements Besides Value?
Creative Solutions: Yes, if you disagree on one item’s value, like the house, you might find solutions elsewhere. Maybe one person gets a different asset to balance things out. Negotiation is key. Trading and Balancing: For example, if there’s a $5,000 difference in opinion on the house value, maybe the person keeping the house lets the other person keep a car worth about $5,000. Or perhaps one person takes less from a retirement account.
Examples of Trade-offs:
- Different Assets: Trading furniture, electronics, or stocks instead of cash.
- Heirlooms: One person gets a sentimental item the other doesn’t care much about.
- Debt Allocation: One person agrees to take on more marital debt.
Considering Other Factors:
- Selling Costs: If one person keeps the house, they avoid real estate fees that selling would require.
- Taxes: Some ways of dividing assets have different tax impacts.
- Future Benefit: One asset might grow in value more than another.
Example: Mike and Lisa disagreed by $10,000 on the house value, with Mike set to keep it. Instead of Mike paying Lisa $5,000 more cash, they agreed Lisa would keep their newer second car, which Mike didn’t need as much. This solved the $10,000 disagreement.
What is the Role of a Judge in a Divorce Trial?
The Judge’s Job: When you go to trial, the judge has the final say. Their job is to listen to both sides fairly. They apply Michigan law to your situation. Making the Decisions: The judge decides how to divide your property and debts. They also make orders about child custody, parenting time, and financial support if those issues are not settled.
How Judges Decide Property:
- Identify Marital Property: Figure out what was earned or bought during the marriage.
- Value the Property: Determine the worth of assets like houses, cars, and accounts.
- Divide Fairly: Split the marital property in a way that is equitable (fair), though not always exactly 50/50.
How Judges Decide Child Issues:
- Best Interests Factors: Consider many factors about the child’s well-being and parents’ abilities.
- Listen to Experts: May hear from custody evaluators or counselors.
- Create a Custody Order: Issue a detailed order about legal custody, physical custody, and parenting time.
Example: In court, Amy argued she should get 60% of the savings because Paul ran up debts. Paul argued the debts were for family costs. The judge listened to both, looked at the evidence, and decided how to split the savings and debts fairly based on Michigan law.
What Are the Risks of Going to Trial?
Losing Control: The biggest risk of trial is losing control. When you settle, you have a say in the outcome. In a trial, the judge makes the decisions, and you might not like them. Costs and Stress: Trials are expensive. Lawyer fees add up quickly. Trials are also very stressful and take an emotional toll on everyone involved, including children.
Potential Downsides:
- High Legal Fees: Preparing for and attending trial costs a lot of money. Learn more about divorce costs in Michigan.
- Unpredictable Outcome: You never know exactly how a judge will rule.
- Public Record: Trials are usually public, meaning details of your life may be discussed openly.
Emotional Impact:
- Increased Conflict: Trials often make bad feelings between spouses even worse.
- Stress on Children: Kids can be affected by the conflict and uncertainty.
- Time Consuming: Trials can take days, and the whole process takes months or years.
Example: Sam and Rebecca spent over $50,000 each on lawyers for their divorce trial. The judge’s final decision gave Rebecca less alimony than she hoped for, and Sam got less parenting time than he wanted. Both felt they might have reached a better outcome if they had compromised earlier.
How Can a Lawyer Help If We Disagree?
Guidance Through Conflict: A family law attorney is very helpful when you disagree. They know Michigan law and the court process. They can explain your options and rights. Negotiation and Strategy: Your lawyer can talk to your spouse’s lawyer to try and reach agreements. They can suggest creative solutions you might not think of. If you must go to trial, they prepare your case.
What a Lawyer Does:
- Explains the Law: Helps you understand how a judge might view your issues.
- Negotiates for You: Works to get the best possible settlement terms.
- Protects Your Rights: Makes sure your interests are represented fairly.
In Court Preparation:
- Gathers Evidence: Collects documents needed to support your case.
- Prepares Arguments: Develops legal arguments based on the facts and law.
- Represents You at Trial: Presents your case effectively to the judge. For complex cases, consider contested divorce attorneys.
Example: Carla felt overwhelmed trying to negotiate the division of their complex investments. Her lawyer understood the financial details, explained the likely legal outcomes, and negotiated a fair split with her husband’s lawyer, avoiding a costly trial.
Is Mediation or Arbitration an Option?
Alternatives to Trial: Yes, mediation and arbitration are ways to resolve divorce disagreements without a full court trial. They are often faster and less expensive. Both involve a neutral third party. Mediation vs. Arbitration: In mediation, the neutral person (mediator) helps you and your spouse talk and reach your own agreement. In arbitration, the neutral person (arbitrator) acts more like a judge and makes a binding decision after hearing both sides.
How Mediation Works:
- Facilitated Discussion: The mediator guides the conversation.
- Focus on Agreement: Helps identify common ground and solutions.
- Voluntary Outcome: You only agree if you are satisfied with the proposed settlement.
How Arbitration Works:
- Presenting Cases: Similar to a trial, but less formal, lawyers present evidence.
- Arbitrator Decides: The arbitrator makes a final decision that you usually must follow.
- Faster Than Court: Often quicker than waiting for a court date.
Example: Tim and Susan used mediation for their entire divorce. They met with the mediator several times. They were able to work out all their issues, including property division and a parenting plan, without ever going in front of a judge.
What If We Still Cannot Agree After Trial?
The Finality of a Judgment: Once the judge makes a final decision after trial, it’s called a Judgment of Divorce. This is a court order. You are legally required to follow it. Limited Options for Appeal: If you strongly believe the judge made a serious legal error, you might be able to appeal the decision to a higher court. Appeals are difficult, costly, and often unsuccessful. You usually cannot appeal just because you don’t like the outcome.
What Happens After the Judgment:
- Follow the Order: Both parties must comply with all terms (property transfer, payments, custody).
- Enforcement: If one person doesn’t follow the order, the other can ask the court to enforce it.
- Modifications (Sometimes): Some orders (like child support or custody) can sometimes be changed later if circumstances change significantly.
Basis for an Appeal:
- Legal Error: Arguing the judge applied the law incorrectly.
- Abuse of Discretion: Arguing the judge’s decision was completely unreasonable based on the facts.
- Not a Re-Trial: An appeal court usually only reviews the record, it doesn’t hear new evidence.
Example: After trial, the judge ordered Greg to pay $1,000 per month in alimony. Greg felt this was unfair but his lawyer advised that an appeal was unlikely to succeed because the judge followed the law and had reasons for the decision, even if Greg disagreed with it.
Thinking About Costs: Remember that fighting over every little thing costs money. Lawyer fees and court costs add up. Sometimes, compromising on a smaller issue saves you money in the long run. Ask yourself if the cost of fighting is worth what you might gain. Learn more by watching this video about divorce disagreements.
Focus on the Future: Divorce trials often focus on past wrongs. While fairness is important, try to focus on reaching an outcome that lets everyone move forward. A settlement you help create might be easier to live with than one forced on you by a judge.
Frequently Asked Questions:
1. What if my spouse refuses to negotiate at all? If your spouse won’t negotiate, your main option might be going to court. A lawyer can help you understand the process and protect your rights.
2. How long does a divorce trial usually take? The trial itself might last days, but the whole process from filing to final judgment can take many months, sometimes over a year, especially if contested.
3. Can the judge force us to sell our house? Yes, if you cannot agree on who keeps the house or how to buy the other person out, the judge can order the house to be sold.
4. Is everything we say in mediation confidential? Generally, yes, discussions during mediation are confidential and cannot be used against you in court later if you don’t settle.
5. What if we agree on everything except one small thing? You can finalize your agreement on all settled issues and ask the judge to decide only the one remaining disputed item at a limited trial.
6. Does Michigan require us to try mediation before trial? Many Michigan courts require parties to try mediation, especially if children are involved, before they will schedule a final trial.
7. Who pays for the appraisal if we disagree on house value? Often the cost is split between the spouses, or the judge might order one party to pay depending on the circumstances.
8. Can I get my legal fees paid by my spouse? Sometimes a judge might order one spouse to contribute to the other’s legal fees, especially if there’s a large income difference, but it’s not guaranteed.
9. What happens if new information comes up after the settlement? It is very difficult to change a final settlement unless there was fraud or hidden information that was intentionally kept secret during negotiations.
10. Is a trial decision always permanent? Property division is usually final. Decisions about child custody, parenting time, and support can sometimes be modified later if there is a significant change in circumstances.
11. What if we don’t have many assets to disagree about? Even simple divorces can have disagreements about debt or specific items. If you cannot agree, the process is the same, potentially leading to trial.
12. How do we start the divorce process if we know we will disagree? You should consult with a Michigan family law attorney. They can explain the steps for filing and how to handle a contested divorce case.
Final Thoughts: Facing disagreement in a divorce is tough, but you have options. Trying to settle keeps control in your hands. If you must go to trial, understanding the process helps. Having experienced legal help is important.
Contact Us: If you’re facing disagreements in your Michigan divorce, we can help. Contact Goldman & Associates for guidance. Call or Text us at (248) 590-6600, or schedule a free consultation using this link: [Link to Schedule Free Consultation]. Visit ChooseGoldman.com for more information.