Family
Law| Frequently
Asked Questions |
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How
long does a divorce take?
| Under
Michigan law, if there are no minor children (children under 18), parties must
wait 60 days from the date the Complaint is filed before the Judgment of Divorce
can be entered. If the parties have minor children they must wait 180 days before
the Judgment can be entered. However, upon the demonstration of good cause, the
Judgment can sometimes be entered a month or two earlier. | |
Does
a party have to be at fault?
No.
Michigan is a no-fault state. That means that the parties do not have to prove
fault in order to obtain a divorce. However, in many cases, fault can be a factor
in determining custody, visitation, alimony or the property settlement.
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Custody
There
are two types of custody.
First is "legal"
custody, which involves the ability to make decisions regarding the
child's education, health and well-being. Predominantly, courts will order joint
legal custody, giving both parents the right to make these decisions.
Second is "physical"
custody, which frequently is the most difficult issue in a divorce.
The parent who has physical custody is the person who actually raises the child
in their home. Courts will use numerous factors in determining which party will
have physical custody. The court's decision must be in the best interest of the
children, not the parents. | |
Child Support
| The
State Court Administrative Office publishes
Michigan's Child Support Guidelines. By applying
each party's net income, the guidelines provide
the amount of child support, depending on
the number of children and any children from
prior relationships. Good cause must be demonstrated
to the courts to deviate from the guidelines.
After the Judgment is entered, child support
can be modified if either party's income changes,
upon review by the Friend of the Court. During
the divorce, you will receive a handbook that
explains how the Friend of the Court works
and the steps you need to take to request
a modification of child support. At the time
child support is ordered, an Income Withholding
Order should also be entered to have the payments
automatically deducted from the payer's paycheck.
This eliminates the burden of having to write
frequent child support checks and insures
that payments are not missed. |
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Visitation/Parenting Time
| Parenting
time, or visitation, as it is commonly referred, is the amount of time the non-custodial
parent has with the minor children. It is common to have a parenting time schedule
of every other weekend and one night during the week. However, the parties can
be flexible in determining a schedule that works around their work schedules and
the amount of time they want to spend with their children. Further, parties are
encouraged to divide holidays equally. | |
If I file for divorce, how will we pay our bills?
| At
the time the divorce is filed, two orders can be entered. The first, an Ex-Parte
Order Regarding Maintenance of the Status Quo orders both parties to continue
to handle their finances in the same way they did prior to the divorce being filed.
This means paychecks continue to be deposited in the same account as they always
have and both parties contribute the same amount to the household bills as they
were prior to the divorce being filed. The
second order is the Ex Parte Restraining Order Regarding Dissipation Of Assets.
This order prevents either party from withdrawing, hiding, concealing or dissipating
any marital assets while the divorce is pending. | |
Alimony/Spousal Support
| Unlike
child support, spousal support is not mandatory. There are a number of factors
the court will consider in determining whether spousal support (commonly referred
to as "alimony") will be ordered, including the length of the marriage,
ability of the parties to support themselves, age of the parties, etc. If spousal
support is awarded, it is frequently for a limited period of time to permit the
spouse time to complete their education or to find employment. |
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Property Settlement or "Do we have to sell the house?"
| In
most divorces, the parties split assets acquired during the marriage equally.
However, each separate asset does not have to split down the middle. For example,
one party can keep the house while waiving their right to a share of their spouse's
retirement benefits. The court will approve any property settlement that is "fair
and equitable." I encourage my clients to be creative in resolving property
issues, especially when a house is involved. | |
Costs
| The
filing fee for a divorce is $150 if there
are no minor children and $230 if there are
minor children. The primary costs of a divorce
are attorney fees. An amicable, limited asset,
no child divorce can be completed for approximately
$1500. However, a more complicated divorce
can easily cost five to ten times that amount.
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Do I have to appear in Court?
| Once
a settlement has been reached, at least one of the parties, usually the Plaintiff,
needs to appear before the Judge for a Pro Confesso hearing in which the "proofs"
are put on the record in front of the Judge. The "proofs" are a recitation
of the allegations in the Complaint for Divorce and confirmation that the parties
have agreed to a settlement that is accurately reflected in the Judgment of Divorce.
In complicated divorces, details of the settlement may also be put on the record.
This hearing usually takes less than five minutes. | |
If
you have further questions regarding any Family
Law matters please feel free to contact us. We would
like to discuss your situation... |
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