Our lawyers have a proven track record of successfully protecting our client’s rights in divorce, custody, child support, spousal support, support modifications, change of domicile, and parenting time issues. We can help you with all aspects of contested or uncontested divorce. While we try to avoid the trauma of a trial, sometimes they are necessary to protect our client’s rights. You will not get a do-over on your divorce. Get it done right the first time.
Divorce, custody, parenting time, child support, spousal support: It’s all scary. It turns your whole life upside down and changes your outlook on everything. The financial uncertainty is overwhelming. Deciding who gets what property, how pensions are divided, and who gets the house is hard. You want to be fair but you have to be fair to yourself, too. And when kids are involved, it gets even harder.
We are an established law office in the Downriver Michigan area located in Taylor that focuses on divorce and divorce. It is our goal to explain the process you are facing. Once you are better informed, you can participate in the divorce process. It’s your life. You have to live with the outcome and we will insure you are not taken advantage of.
Divorce. Michigan is a no-fault divorce state. This means you do not have to prove fault in order to get a divorce only that there is a breakdown in the marriage and there is no chance of reconciliation. Divorces can take anywhere from 90 days to a year depending on how much the parties agree or disagree and whether or not there are children. While most cases settle, those that don’t go to a trial. With or without children, contested or uncontested, before making any decisions about your divorce, you need to speak with a divorce lawyer. We are familiar with the law, the local judges and local court rules and can help you best understand your situation. While we prepare every case as if it is going to go to trial, we strive to avoid unnecessary conflict and settle your case.
Property Division. Michigan is a not a community property state. All marital property acquired by either party in a divorce is to be divided equitably. Only property acquired after the date of marriage is considered marital property, for example, pensions, retirement plan, savings, personal property and real estate. The Court can also determine if there is any property which is separate property and not part of the marital estate. When dividing property, the Court will also divide marital debts taking into consideration the ability to pay and how the debt was incurred.
Alimony / Spousal Support. The most basic determination for spousal support is the need of one spouse versus the ability to pay of the other. The Court will take into consideration such things as the length of the marriage, age and health of the parties, fault, education level, and work history as well as some other factors. Common sense will tell you that the longer the marriage is and the greater the difference in income, the more likely alimony will be awarded. Spousal support can be for a fixed amount of time or it may not have an end date and will continue until further order of the Court. Spousal support may be modified upon a showing of a change in circumstances unless the parties agreed to non-modifiable support in the settlement agreement. There isn’t a formula in Michigan for spousal support like there is for child support but there is software which can give a recommendation which can be used as a starting point for negotiations.
Prenuptial and Postnuptial Agreements. To protect your personal assets and property before or after getting married, our lawyers can help you create an effective prenuptial or postnuptial agreement. A good agreement will need full disclosure of all assets and liabilities and separate legal counsel for each party. One law office cannot represent both the bride and groom. As long as each person understands the agreement, it will be enforced by the Court so long as it was fair at the time it was created and fair at the time it is enforced. These agreements are much more useful in determining the marital estate for short term marriages. The longer a couple is married, the more likely the facts and circumstances may change.