Family Law Practice Areas
Amicable or Uncontested Divorce
Amicable divorce means that both spouses have reached a signed written agreement on all the key terms for the divorce process. This includes such matters as child custody and parenting time, child support, the equitable division of the marital assets, applicable spousal support terms, and all other marital disputes.
If you or your spouse disagree about any of the terms, your divorce will be considered "contested." Contested cases may be resolved with the court’s assistance or an arbitrator. However, it is essential to note that you may still agree at any time before the judge issues a final order. Uncontested divorces will save time and money compared to contested divorces with multiple trips to court. We typically resolve an amicable (or uncontested) divorce with a single trip to court. Contact us for step-by-step assistance with the divorce process.
Mediation
Mediators assist with a variety of issues, including child custody, parenting time, spousal support, child support, retirement plans, and property distribution. By working with a neutral mediator, ground rules are established to help remain focused on resolution.
Mediation:
Resolves issues to help bring respectful closure to the marriage or other legal family disputes amicably and cost-effectively.
Confidential and offers many benefits, including a more private and comfortable office setting, separate rooms when necessary, and typically less formal evidence requirements.
Saves time and money, and helps reduce the emotional cost to each party compared to traditional litigation in most cases.
Beneficial to help create co-parenting relationships.
May be scheduled with or without attorneys present after proper screening for domestic abuse and any imbalance of power.
Timing may include one or more sessions, depending on how many issues require resolution.
Sessions may be scheduled before the case is filed with the court or after the complaint for divorce has been filed.
Child Custody
Legal custody of a child means having the right and obligation to make decisions about a child's upbringing, such as education, religion, and medical care. See MCL 722.27a(9). It is also important to note provision (11): During the time a child is with a parent to whom parenting time has been awarded, that parent shall decide all routine matters concerning the child.
Joint Custody (Shared Custody) - Both parents share physical or legal custody. This can be by consent or order of the court when parents cannot resolve custody matters together. Joint custody does not mean that parents will share equal parenting time. See MCL 722.26a(7)
Sole Custody – This is when one parent has sole legal custody and/or sole physical custody of a child. In some cases, continual conflict and lack of communication may require modification of a shared custody arrangement based on the best interest factors, See MCL 722.23. It is much easier to award the change a child’s domicile (move from Michigan) when a parent has sole legal custody.
Agreements for custody may be complicated, especially when parents place the children in the middle of high conflict. Whether you are recently separated or have a case that needs modifications, please contact us for more information for a customized plan to meet your needs.
Child Support
Child support is based on each parent’s ability to earn income along with other various factors. Custodial parents may use child support for household bills or specific items for the children (without having to provide any spending reports). Child support is modifiable based on a change of circumstances (i.e., unemployment, additional income, a new child). Child support is not taxable income to the person receiving support. The parent paying support is known as the payer, and the parent receiving support is known as the payee. When calculating child support, it is helpful to gather the following information:
Income (based on current pay statements and tax statements)
Applicable monthly childcare costs
Health insurance premiums per month paid toward the children’s coverage
Tax status (single, head of household, etc.)
Any additional children from other relationships
If you would like assistance with calculations for child support and spousal support based on your case specifics, please contact our office.
Parenting Time
Parenting time may be flexible or based on a specific schedule. A parenting schedule typically includes alternating holidays, school breaks, and summer vacations. If parents cannot agree on a parenting plan, the Judge has to order parenting time based on an analysis of the best interest factors. See below for Michigan law under MCL 722.23 “Best interests of the child” factors to be considered, evaluated, and determined by the court (Child Custody Act of 1970). As the case starts to escalate, the Friend of the Court will typically investigate to determine how the considerations apply to each parent. Next, the Friend of the Court will provide a recommendation on custody and parenting time. If either parent disagrees with the Friend of the Court Recommendation then next steps are typically to prepare for an evidentiary hearing for the Judge to issue an opinion and order the parenting schedule based on the Best Interest analysis:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
Spousal Support / Alimony
Courts will grant spousal support when there is a discrepancy in income between each spouse. In most cases, spousal support is determined by agreement after review of income versus expenses along with other determining factors listed below. Most attorneys review support calculations generated by family law software programs to help determine a starting point for discussion. Typically, income, tax status, education, age, and the length of the marriage determine this amount. It is beneficial to prepare a budget during the divorce process to review cash flow needs compared to the division of income. It can also be requested when the property awarded to one of the parties is not sufficient to support them. The agreement for spousal support may be non-modifiable as to the amount and duration or a combination. A modifiable amount for a specific time if the parties agree to waive their statutory right to modify support, for example. Spousal support is modifiable if the court determines the spousal support award based on “the ability of either party to pay and the character and situation of the parties, and all the other circumstances of the case.” MCL 552.23(1) In Michigan, there are multiple factors that the judge will consider when deciding an award for spousal support, also known as alimony, including:
Past relations and conduct of the parties
Source and amount of property awarded to each party
Needs of the parties
The present situation of the parties
Length of marriage
The ability of each party to work
The ages of each party
How able to pay alimony are both parties?
The health of each party
Prior standard of living of the parties
In Michigan, there is not a set formula that can be used by the Judge to determine an arbitrary amount for spousal support. Every case has unique factors, including the Judge assigned to the case.
Equitable Distribution
Michigan is an equitable distribution state. This means that when couples cannot agree on a settlement, the judge decides how to divide marital assets and debts after an overall analysis of the case specifics. Equitable does not mean equal, but rather what is deemed “fair” by the judge. Unfortunately, there is not a specific formula that can be used to determine award amounts for each party. Still, there are some common factors that judges will use to make their decision based on case law. (See Sparks v Sparks, 440 Mich 141 (1992), and applicable statutory law) These factors include:
The length of the marriage
The contributions to the marital property
The age and health of both parties
The needs and circumstances that are facing both parties
The life status of each party
The earning potential of each spouse
The past conduct of both parties
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