6 Family Law Categories Handled by Your Michigan Divorce Lawyer
Family law is a broad category that includes not just divorce but all family matters and domestic relations. Your Michigan family law attorney works with clients in all categories, including adoption, paternity, and guardianship, but especially the following matters:
Divorce
Whether a marriage, civil union, or domestic partnership, a legally recognized spousal and domestic relationship can be terminated with a divorce. Only one person needs to decide that the marriage has suffered an irrevocable breakdown to file for divorce. While you may be able to identify the reason for the split, a Michigan divorce is considered no-fault.
Annulment
A couple may request an annulment if their marriage is brief and they want it to be treated as though it never truly existed. Annulments are rare, but the court does hear these requests.
Child Custody
Child custody is determined within the parameters of a divorce settlement. This issue, however, is not final. Even after the judgment of divorce has been entered, the matter of child custody can be reviewed by the court on the request of either party. There are two types of custody – legal and physical – and the decision of custody is always made in the best interest of the child. Legal custody is almost always awarded jointly so the two parties are both involved in making major decisions for their children when it comes to matters like health and education. Physical custody is where the child resides most of the time and this can be decided as sole, joint, or split custody.
Parenting Time
Also known as visitation rights, parenting time can look and feel very complicated. A parenting time schedule determines when the children will have time with each parent and the schedule gets very specific: weekdays, weekends, holidays, Mother’s Day, Father’s Day, Christmas and winter break, Easter and spring break, summer, and extracurricular activities. While parenting time usually shakes out evenly, the court gets to decide what is in the best interests of the minor child.
Child Support Payments
Child support is the root of many arguments during and after a divorce. The matter is complicated and includes various sources of income as well as financial obligations. The Friend of the Court in Michigan recommends the amount of child support to be paid, using the net income of the non-custodial parent as a key consideration while also taking into account things like cost of living and child care expenses.
Spousal Support
Whether a divorce is settled with a one-time payment to an ex or whether it ends with a regular monthly spousal support payment, all financial holdings are considered when determining spousal support. Once referred to as alimony, spousal support is not a given in any divorce. Even though Michigan divorces are considered no-fault, when it comes to spousal support, an argument can be made that the person deserves a certain amount of spousal support because of how their former spouse behaved in the marriage. Length of the marriage often plays a role too, with longer marriages usually resulting in the awarding of spousal support for a lengthy time.
Jurisdiction
Family law is nuanced. There are many details that go into determining how each unique divorce will play out. It especially matters where the divorce is filed – called jurisdiction – for the convenience (or inconvenience) of both parties and for the divorce lawyer you hire.
At Michigan Divorce Help, we take great pride in our strong relationships with the Macomb County courts. We have a good working rapport with the judges who settle our clients’ divorces and are familiar with the powers that be who determine the details of your divorce.
We are an established family law practice, home to experienced and empathetic divorce lawyers. If you have questions about a Michigan divorce, contact us to schedule your initial consultation.