Divorce and Family Law
Divorce and Family Law Group of Michigan offers its services to individuals in the state of Michigan, who are in need of legal advice and consultation.
Divorce
We are experienced at handling all types of divorce and family law matters, whether it entails difficult child custody issues, long-term marriages, complex cases involving family businesses and all other divorce and family law matters.
Michigan is a no-fault divorce and family law state and the grounds for divorce and family law are provided by statute as follows:
There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
Jurisdiction is the power of the court to decide a matter in controversy. In order for a court in the state of Michigan to have jurisdiction to decide your case, you or your spouse must have resided in this state for 180 days preceding the filing of the complaint and resided in the county in which the complaint is filed for ten days immediately preceding the filing of the complaint.
The duration of a divorce and family law case depends upon whether the parties have children or not. If the parties have no children, then a final judgment cannot be entered until the expiration of 60 days from the time of the filing of the complaint. If the parties have minor children, then a final judgment cannot be entered until the expiration of 6 months from the day the complaint is filed. These required periods are a minimum, and in some cases, depending on the complexity and the cooperation or non-cooperation of the parties, it can take longer to resolve the case and enter a final judgment.
Divorce
Child Custody and Parenting Time
Challenges relating to child custody and parenting time are the most emotional and difficult to resolve, irrespective of the fact that the parties involved are married or not married. The attorneys at Divorce & Family Law are experienced in these matters and will work with you to obtain a solution that is consistent and your child’s best interest is considered.
Legal custody can be sole or joint. It gives the right to one or both parents to make decisions regarding the child’s education, health care, religion, and the child’s general welfare. In most cases, the parties, on their own or with the help of their attorneys, can agree on the issue of custody. If the parties cannot agree, the court will intervene and make a decision.
Physical custody defines where the child lives on a day-to-day basis and is a separate issue from legal custody. The specific times a child spends with each parent are usually outlined in a parenting schedule. Our attorneys are experienced at negotiating parenting time arrangements that are agreeable to both parties and in the best interests of the child.
Child Custody and Parenting Time
Child Support
Child support is determined by a complex formula, which is based on the number of overnights that each party has with the child every year, and the income of the parties. The Michigan Child Support Formula also takes childcare expenses, health insurance premiums, and other factors into account.
The court always maintains jurisdiction over child support and other child-related issues. So, whether it is during a divorce case, after your case or any other time you feel child support should be revisited or calculated for the very first time, our attorneys will meet with you and explain to you in detail the law regarding child support so you can have a realistic expectation of what the child support would be.
The court may impute income to a party who has an unexercised ability to earn income. The court may use relevant factors to determine whether a party has an actual ability to earn and a reasonable likelihood of earning the potential income.
These factors include prior work history, health, education level, skills, the capacity to work, available employment opportunities, and consistency or diligence of effort in seeking employment. The court will make the final determination of whether imputing income is appropriate in a particular case.
Child Support
Spousal Support
Also called alimony, spousal support, is money paid to the former spouse for his or her support. Whether it is long term spousal support or short term spousal support, our attorneys will identify your situation and will provide you with estimates under several different scenarios to offer you guidance for moving forward.
Spousal Support
Pre-Nuptial and Post-Nuptial Agreements
We are experienced in negotiating and drafting pre and postnuptial agreements. A pre-nuptial agreement is a written contract made in contemplation of marriage and is a prudent method for making sure your wishes regarding your assets are known and to protect yourself from potential problems regarding your assets. A postnuptial agreement is a written contract made after the marriage occurs and governs the division of property and the rights and obligations of the parties.
Pre-Nuptial and Post-Nuptial Agreements
Post Judgment Issues
After your divorce case is concluded, you may need an attorney for the enforcement of support or property provisions. You may also want to modify a custody or parenting time order. Our attorneys are experienced in handling these post-judgment issues and can sometimes negotiate a resolution without a court appearance.
Post Judgment Issues
Termination of Parental Rights
To terminate parental rights in Michigan, you need to file a petition to terminate parental rights before the family division of the circuit court. The petition can seek to terminate the parental rights of a non-custodial parent who does not support or see the child. The court must find some form of abuse or neglect, which gives the court jurisdiction to hear the case. The court must then find termination is in the child's best interests.
Termination of Parental Rights
Marital Property
Michigan is an equitable distribution jurisdiction for the division of marital property. This means that there are no rigid formulas, and the court must use its discretion to make an equitable property division. Property can be divided into two categories, marital property, and separate property. Marital property may include real property, personal property, family business, income, investment accounts, retirement plans, and retirement benefits that were acquired during the marriage. Separate property is the property that a party owned before the marriage, gifts, inheritances, or property described in a pre-nuptial agreement. A separate property might become marital property if it was brought into the marital estate by commingling, transferring title, or through active participation.
The parties, with their attorneys or with the help of a mediator, can usually arrive at an equitable distribution of the marital property. If the parties cannot settle, the court will distribute the marital property between the parties after a trial. The court will usually award separate property to its owner unless the other party meets one of two statutory tests. Our attorneys are experienced in dealing with separate property and depending on your particular circumstances will advise you of any potential separate property issues.
The family business may be an important part of the marital estate. Our attorneys are experienced in business valuations and appraisals and can help you decide if you need to hire a forensic CPA, financial analyst, or another expert to obtain an accurate valuation for the business.
Retirement plans and retirement benefits that are acquired during the marriage are an important part of the marital estate. These retirement assets need to be divided equitably in the judgment of divorce. Once divided some of these retirement assets need to be distributed through a Qualified Domestic Relations Order (QDRO) or an Eligible Domestic Relations Order (EDRO). If these QDROs or EDROs are not properly entered with the court and approved by the plan administrators, you may not receive the retirement assets.
Property distributions placed on the record in open court or stated in the judgment of divorce are final, and usually not modifiable, except in cases of fraud, mistake or duress.
Marital Property
Health Care Insurance
Health care coverage that is provided through employment cannot cover a spouse when the divorce is final. Ongoing coverage may be available under COBRA (a federal law that makes health care insurance portable, in some situations).
Michigan statutes require the court to order one or both parties to maintain health care coverage for the child if available as a benefit of employment or at a reasonable cost. Both parents must keep the friend of the court apprised of the availability of a health care plan and must notify the friend of the court of any changes regarding that plan.
Health Care Insurance
Co-Habitation Agreements
A cohabitation agreement is a written contract that governs the division of joint and separate property and states the rights and financial and general obligations of the parties. (These agreements do not govern any issues related to any children of the parties.) Unmarried cohabitants are not entitled to the same rights as married parties regarding property acquired during the period of cohabitation. A cohabitation agreement can establish the right and duties of the parties regarding their earnings and property during and after cohabitation.
Cohabiting parties may also want to consider estate planning and a medical care power of attorney in addition to a cohabitation agreement.
Co-Habitation Agreements
Change Of Domicile
Domicile is another term for residence, and most judgments and orders involving children contain provisions that state that a party must obtain the court’s approval before they can move the child out of state or more than 100 miles from the child’s legal residence at the time the judgment or order was entered. Court approval can be obtained by stipulation and agreement between the parties or by order of the court after a hearing on the issue.
If the parties cannot mutually agree on a change of domicile, then a motion for change of domicile must be filed with the court. Preparation for a change in domicile motion and hearing is vital for success as issues such as choice of school, employment opportunities and changes in parenting time complicate the process.
The party seeking the change of domicile must prove by a preponderance of the evidence that the change of domicile is warranted and if the change of domicile will affect the child’s established custodial environment then by clear and convincing evidence that the change of residence is in the best interest of the child. Our attorneys are experienced in handling the change of domicile motions and will work with you to provide the court with the evidence necessary to meet the burden of proof required.
Change Of Domicile
Attorney Fees
It is impossible to estimate how much your attorney fees will be after your case. Your attorney fees will vary depending on the amount and nature of the services rendered, the time, labor and difficulty involved, the character and importance of the litigation, the number of assets and value of the marital estate, and the professional skill and expertise required by your attorney.
Our attorneys will quote you an hourly rate. You will be charged at the quoted rate for consultations, correspondence, phone calls, office and research work, court time, filing, and hearings. Attorneys, law clerks, and legal assistants will work on your case. Your primary attorney will oversee all work done on your case. You are responsible for court costs, filing fees, fees for service of pleadings, appraisals, business valuation, expert witness fees, and other necessary expenses.
A retainer fee is required upfront and varies depending on the circumstances and complexity of the case issues. This does not mean that your divorce will cost exactly the amount of the retainer fee requested, it may be more, or it may be less. Any unused retainer amount will be refunded to you after your case is completed.
