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MICHIGAN DIVORCE LAWYER

Michigan Divorce Video Journal

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April 9, 2010
8 yearsago

One of the most common questions in the divorce process is, “How long is this going to take?” For couples who are filing a DM divorce – in other words, a divorce that involves children – they can expect the process to last a minimum of six months, or 180 days. Divorces that do not involve children are labeled DO – these take a minimum of 60 days to complete.

Before you get too hopeful about the prospect of having a divorce finalized in two months, listen to Michigan lawyer Jacob Femminineo in this video as he delves more deeply into the 180- and 60-day divorce laws. Learn about possible waivers that a judge may grant if it’s in the best interest of children who are wrapped up in a divorce. Understand why divorces take so much time and why so much paperwork needs to be filed. And find out why a 60-day divorce is the minimum for every couple in Michigan, no matter their marital, financial, or parental situation.

April 9, 2010
8 yearsago

When referring to Michigan divorce cases, the term “jurisdiction” means one thing – which court will be hearing your divorce case. In the state of Michigan, all divorce cases are held in the circuit court of the county in which the person who has filed for divorce lives. This may seem simple enough, but there are two crucial details that can affect how timely, costly, and inconvenient a divorce may be (beyond the obvious).

In this video, Michigan divorce lawyer Jacob Femminineo explains the two most important numbers to remember when it comes to jurisdiction in Macomb County and beyond. Learn about the laws of establishing Michigan residency before legally filing for divorce, as well as the 10-Day Rule for county residency. And find out why, if you’re at all suspicious about a soon-to-be-ex-spouse’s “vacation” or “visit” to another part of the state, it’s in your best interest to file for divorce before they do.

April 9, 2010
8 yearsago

Download the Initial Divorce Interview form

Divorce is never easy, no matter how amicable a couple’s situation may be. Oftentimes, the most difficult part of a divorce is deciding when to file, particularly if children are involved. Working with the right Michigan attorney to ease the burden and simplify the process is half the battle in managing a divorce. In this video, Macomb County lawyer Jacob Femminineo explains how an initial interview with a divorce lawyer at Femminineo Attorneys will proceed. The biggest takeaway – that first consultation is completely free.

Femminineo Attorneys will tell you what you can expect from the divorce process every step of the way, whether or not you can use one attorney in your Michigan divorce, what will likely happen at the end of the divorce process, and they’ll help you determine when to file. In addition to the free, confidential, initial interview, these Michigan divorce lawyers have simplified the divorce process by offering an online divorce questionnaire that describes what information to prepare for your first meeting with your lawyer. Whether you decide to file for divorce immediately or not, this basic information will be at the ready to quickly get the process underway.

April 16, 2010
8 yearsago

There are two types of conferences in a Michigan divorce case: status and settlement. Conferences such as these occur during the divorce process when both parties have retained lawyers individually.

In a status conference in Macomb County, the two attorneys – and sometimes the parties as well – will meet with one of the judge’s referees. Conferences of this nature may occur early on in the divorce process and, though some people may consider them a waste of time, they are helpful in getting the divorce case moving and that much closer to settlement.

A settlement conference is somewhat similar to a status conference but, in this type of meeting, the parties and lawyers are sitting down with the judge who, believe it or not, wants to keep his or her finger on the pulse of what’s happening with the cases on their docket and move them along.

Watch this video, featuring Michigan lawyer Jacob Femminineo, for more details about exactly what happens, what matters are discussed, and what decisions are made during status and settlement conferences in the Michigan divorce process.

April 16, 2010
8 yearsago

Custody issues in a divorce case can easily become controversial and complicate the divorce process. While there are a variety of elements concerning custody, in this video Michigan lawyer Jacob Femminineo delves more deeply into two aspects of the matter: physical custody and legal custody.

Physical custody is, simply enough, where the child lives. Whether the child ultimately resides with the mother or father or is split between both parents’ homes will be decided during the divorce process. Typically, there is usually one parent who has sole physical custody.

The concept of legal custody is more involved. This type of custody takes into account all the major decisions regarding the child such as care, education, religion, and health. Michigan divorce cases involving children almost always end with joint legal custody. Watch this video to find out why, to get specific examples of situations involving legal custody, and to find out what circumstances will have a judge getting involved.

April 22, 2010
7 yearsago

In a divorce case involving child custody, what was once referred to as “visitation” is now called “parenting time.” Michigan divorce law defines “standard” custody to be when one party has sole physical custody of the child (or children) and the other party – known as the non-custodial parent – has reasonable parenting time to spend with their child. In other words, the parent without sole custody gets to see their kids on weekends, holidays, and in the summer.

This weekend-holiday-summer arrangement isn’t set in stone though. Jacob Femminineo gets into the specifics of parenting time in this video and describes the many, many ways that parenting time can be divided between divorced parents. Naturally, the goal is to consider what is in the best interest of the child – but there is a way to get to a “magic number” so that both parents can get equal quality parenting time with their kids.

April 22, 2010
7 yearsago

Whether two people are married or not, when a couple who has a child together decides to end their relationship, there is one legal constant: One party will have custody of the child and the other party will pay child support.

In this video, Macomb County lawyer Jacob Femminineo goes into detail about the three main factors that are involved in determining what your child support payment will be in the state of Michigan. The first two factors involve money – your income and the other party’s income. The third factor involves the number of overnights the child will have at one party’s residence and at the other party’s home.

When added together, these factors create a non-negotiable number that one party will have to pay to the other. If more than one child is involved, the numbers get multiplied accordingly. That’s the objective formula. But there’s more – watch this video to learn about the other elements that can affect what that final child support number will actually be.

April 24, 2010
7 yearsago

When a couple decides to go their separate ways, they must always file a complaint for divorce. In the most basic terms, this filing alleges that there has been a breakdown of the marriage and that there is no reasonable likelihood that the relationship can be preserved.

So where does the “no fault” divorce come into play? By law, Michigan is a “no fault” divorce state, which essentially means that neither party is legally at fault regarding the dissolution of the marriage. While that sounds simple enough, the matter can get a little complicated. Jacob Femminineo explains in detail in this video that fault can indeed matter. If there is a definitive cause for the breakdown of the marriage, such as addiction or infidelity, fault certainly comes into play.

Watch this video to find out how the fault of one party can affect the divorce settlement, particularly the division of assets.

April 24, 2010
7 yearsago

In the state of Michigan, an initial interview with the Friend of the Court must take place when a divorce involves children. This interview will occur very early on in the divorce process, usually within the first one or two months of filing. It’s highly recommended that each party have their attorney present for this meeting.

During this initial interview, there is more of an emphasis placed on the physical custody of the children than the legal custody. On the table for discussion: the number of overnights each parent will have and the income of both parents. These very crucial details are taken into consideration to help the Friend of the Court make a recommendation of how much child support should be paid, and which party should be paying it.

In this video, lawyer Jacob Femminineo explains where this initial interview is held in Macomb County, why it’s required, how to prepare, and what can be expected from the Friend of the Court.

April 24, 2010
7 yearsago

Anyone who is divorced with children in the state of Michigan is well-acquainted with child support. There is one important facet with this area of the law, however, that often results in some confusion: child support modification.

The first thing to know is that child support modification cannot happen independently of the courtroom. The judge who is assigned to a divorce case when the divorce papers are filed has jurisdiction on all issues thereafter involving custody, parenting time, and, yes, child support… at least until the child turns 19.5 years old or graduates from high school, whichever comes first. That judge will make the decision about when, or if, any modification to child support can occur.

So when can the amount of child support be increased or decreased? What has to take place to convince a judge that a modification is in order? Watch this video featuring Macomb County lawyer Jacob Femminineo for insight into this complex matter.

May 6, 2010
7 yearsago

In the state of Michigan, in a divorce case involving child support, it is required by law that an income withholding order go into effect and be entered into the final judgment of a divorce. The employer of the party who will be paying child support is ordered to deduct the determined amount from the party’s paycheck and send it to the Michigan State Disbursement Unit (MiSDU).

While it may sound like a hassle, MiSDU actually makes life easier for the divorcing parties. They disburse child support payments to the other party, they track payments that are in arrears, and so on. Watch this video featuring divorce lawyer Jacob Femminineo as he addresses common financial concerns that arise when it comes to child support, income withholding, and the duties of MiSDU.

May 6, 2010
7 yearsago

The questions surrounding spousal support are not always easy to answer. Parties who are divorcing want to know when they have to pay spousal support, for how long, how much it’s going to be, and so on, but there are a lot of ingredients in the spousal support recipe. While child support is calculated through an objective formula, spousal support is a completely subjective matter.

There are a great number of factors that surround the determination of spousal support (also known as alimony), but the one thing that remains constant is that there is no right or wrong answer. It may feel like there’s a difference between what’s right and what’s wrong to the parties involved, but a judge will make his or her determination based on what they think is appropriate for the situation. Divorce lawyer Jacob Femminineo talks more about the subjectivity of spousal support in this video and how each divorce case can be affected differently.

May 6, 2010
7 yearsago

There are two big questions surrounding spousal support: How much do I have to pay? And how long do I have to pay it? If you have a good divorce attorney, they will argue and negotiate for you to get an equal and fair settlement. However, there are plenty of factors that can come into play to change these numbers – which leads to one of the biggest choices you will make surrounding spousal support: modification.

In this video, Macomb County divorce lawyer Jacob Femminineo explains the difference between a modifiable spousal support arrangement (it can change) and a non-modifiable arrangement (it is set in stone no matter what happens). There are dangers in both choices that must be taken into consideration when considering the final judgment in a divorce. Find out what they are.

May 6, 2010
7 yearsago

There are some divorcing couples who prefer to opt out of the Friend of the Court in Michigan when it comes to child support and income withholding. They feel that, no matter their differences in the marriage, they can get along for the sake of the kids and exchange monies as agreed upon – in cases like this, opting out makes sense. However, there are plenty of scenarios when opting out doesn’t make sense, and it’s a choice that Femminineo Attorneys, PLLC will never recommend to any client, no matter how amicable the divorce may seem to be.

The bottom line is this: Financial situations can change. Watch this video featuring divorce lawyer Jacob Femminineo to find out why opting out of Friend of the Court can go so very wrong. And why it’s beneficial – and just plain smart – to take advantage of this free service.

May 6, 2010
7 yearsago

Motions can be brought before the court to deal with any and all issues surrounding a divorce, from child custody to child support, parenting time to bill payment. Essentially, if two parties can’t come to an agreement on a major issue, they can file a motion asking the court to decide for them. This can happen during the divorce process and after the divorce has been finalized.

In this video, divorce attorney Jacob Femminineo talks about the jurisdiction of the judge in a divorce case and why this is important to understand when it comes to motions. He also spends some time on what happens with motions specifically in Macomb County.

Fast fact: Motions are the busiest days in court. Watch this video to find out the best days to file your motion in Macomb County, Oakland County, or Wayne County.

May 6, 2010
7 yearsago

There is one phrase that divorce attorneys often hear from their clients: “I want a legal separation from my spouse.” Here’s the reality – there is no such thing as a legal separation in the state of Michigan. A married couple either lives together or, if they no longer want to be a pair, they choose to live apart – but there is no legal separation. Once the divorce process begins, legal documents and interim orders will come into play telling both parties where they (and their children, as the case may be) will take up residence. Once a divorce is in motion, even then there is no legal separation that occurs.

In this video, Macomb County lawyer Jacob Femminineo explains the reasons why legal separations don’t exist in Michigan and goes into detail about the differences between separation and abandonment.

May 7, 2010
7 yearsago

A separate maintenance agreement does exist in the state of Michigan, but it has a somewhat tricky definition. Not to be mistaken for a separation agreement or a legal separation, a separate maintenance agreement essentially means that a couple is getting a divorce… but they’re not really divorced.

Confusing, right? There are various reasons why couples select a separate maintenance agreement rather than legally getting a full divorce – it can often involve matters of health care or religion. But there are also some snags that couples can encounter when trying to benefit from a marriage union through a separate maintenance agreement. Allow Jacob Femminineo, a Macomb County attorney, explain how a divorce can take place in a separate maintenance agreement, but still leave a couple with a married status.

May 7, 2010
7 yearsago

In today’s society, the majority of families have shifted from the “traditional” man goes to work and woman stays home to dual-income households. When these “modern” couples file for divorce, it’s only natural to expect that the ways and means surrounding child custody have changed with the times as well. Enter: joint custody.

Divorcing couples have made a push for joint custody rather than agreeing to one party having sole physical custody and the other having reasonable parenting time. There are caveats, however, to every arrangement. Jacob Femminineo, a lawyer in Macomb County, Michigan, explains in this video what joint custody really means, what’s involved in determining joint custody, and how parents can get creative about making their new family units work.

May 7, 2010
7 yearsago

This video covers the main factors that come into play when a Michigan court is determining the amount of spousal support to be paid in a divorce case, which party will be responsible for the payments, and, most importantly, if support will be paid at all. Remember – spousal support is subjective. There is no right or wrong answer. But there are plenty of ingredients that go into making the final decision.

The length of the marriage, the ability of one or both parties to work, the age of both parties, state of health, standard of living, and fault are all considered important components in the matter of spousal support.  Macomb County lawyer Jacob Femminineo goes into detail about each of these elements and discusses their relevancy in divorce proceedings.

What makes us the right divorce attorneys for you?

  • Family Law Expertise

    Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.

  • Strong Relationships

    We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.

  • Experience

    Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.

  • We Care

    Although every attorney can “handle” your case, Femminineo Attorneys cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.

  • Commitment

    Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.

  • Flexibility

    Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.

  • Effectiveness

    We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.

  • Tenacity

    When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.

  • Expert Staff

    Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service. We are available to our clients 24 hours a day through our hot line at 586-854-3654.

  • Personal Service

    At Femminineo Attorneys, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.

We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.

During traditional business hours, please call us at:

(586) 954-9500

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Michigan Divorce Attorney

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