Research shows that almost 50 percent of marriages in the U.S. end in divorce. The prospect of divorce initiates a wide range of emotions and can be traumatic for most individuals. Hiring a divorce lawyer early in the process can ease some worries and may even help resolve your case quicker.

As we realize our marriage is ending, we experience intense emotions, including grief, shock, anger and confusion. We may feel alone and abandoned, vulnerable even in our own homes. And on top of the intense emotion, we face an array of practical challenges and the reality that the marital estate will be split in two through an emotionally trying, expensive and all-consuming process. If you are headed for a divorce, either by your own choice or through consequences not of your own making, don’t go there without the assistance of a strong and experienced attorney by your side to guide you through the complexities of our legal system.

• Uncontested Divorce
  • Uncontested divorce are often referred to as simple divorces because the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move more quickly through the courts and are less expensive than contested divorces. Most couples would probably express a preference for uncontested divorce because of its speed, simplicity, convenience, and inexpensiveness.
• Contested Divorce
  • The contested divorce is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage. When spouses cannot arrive at an agreement, they must ago to court to arbitrate their dispute. Some sensitive topics that lead to a contested divorce are child custody, child support, asset distribution, property division, temporary spousal support, debt allocation and alimony.
• Relocation
  • Of all the potential issues that can arise in child custody cases, one of the most difficult and complicated to resolve is whether to permit the proposed relocation of the custodial parent. There are many reasons why a custodial parent or primary caretaker would choose to move to a new location, including a new relationship, a better career opportunity, or an improved quality of life.

According to Michigan’s custody guidelines, child custody is a term that “refers to the rights and responsibilities of each parent and child. Custody is not a term used to indicate ownership, but rather a determination of time a child is going to be with each parent and each parent’s responsibilities to make decisions on behalf of the child.”

Custody decisions are made in the Family Division of the Circuit Court and include:

• Physical custody: The parent has the child primarily physically present and living with him or her
• Legal custody: The parent has the right to make decisions about the child’s life, including education, medical treatment, and religious upbringing
• Joint custody: Allows both parents to share legal and/or physical custody of a child
• Sole legal and sole physical custody: When primary physical and legal custody given to one parent

The judge will also take into consideration other factors when making custody decisions that include:

• Reasonable preferences of the child
• Emotional ties between each parent and his or her children
• Parental capacity and abilities to give the child love, affection and guidance
• Ability to provide food, clothing and medical care
• Length of time the child has lived in a stable home environment
• Durability of the family unit
• Mental and physical health of the parents

Child support cases are determined by following a formula used by the court. Factors used to calculate child support in Michigan includes:

• Father’s income
• Mother’s income
• Number of children
• Overnight parenting time of each parent
• Other support obligations
• Custody of other children
• Health care costs
• Child care costs

As part of the family law process, spouses may find the need to hire a lawyer for enforcement or modification orders.

You want an experienced child support attorney who can be counted on to demonstrate adequately to the court that there have been changes in circumstances that dictate the need for a modification to the original order. We can handle your modification request quickly and quietly through negotiations or can fight for you in court.

Since the courts will look at a variety of factors in a couple’s history, this information will play a factor when it comes to determining spousal maintenance and how long it will last.

These include, but are not limited to:

• Length of the marriage
• Spouses’ individual contributions to the marital estate
• Ages of spouses
• Health
• Prior standard of living
• Necessities
• Each spouses’ earning abilities

In addition, the court will look at equity and balance the fairness of the spousal support award. Therefore, taking into account the amount needed and what the paying spouse can afford. While also making sure neither spouse is impoverished during the process.

Property settlement Lawyers can protect you. When most people hear the words “fair and equitable” they think that marital property, assets, and debts split 50-50. Although, in Michigan, fair does not necessarily mean equal because the court can take into consideration several factors. This includes history such as the length of the marriage and the contribution of spouses to the marital estate. Also considered, the age and health of the spouses, earning abilities, and the former standard of living.

Dividing Businesses, Pension Plans, Real Estate

All property settlements of the spouses must be divided at the time of divorce. The first step is to determine marital and nonmarital property. Which is generally defined by Michigan law as:

• Marital property: All items acquired during a marriage as well as separate items brought into a marriage is converted into marital property.
• Nonmarital property: Items that each spouse had before the marriage.

Dividing property and assets with a property settlement Lawyer and can include:

• Bank accounts (checking, savings, CDs)
• Businesses
• Real estate
• Cars, boats, recreational vehicles
• Life insurance
• Pension plans
• 401(k) plans
• IRAs
• Stock options
• Other equity
• Bonuses and commissions
• Tax refunds

The division of property with a property settlement Lawyer also includes debt such as:

• Credit cards
• Car loans
• Loans — personal, equity and school
• IRS tax debt
• Mortgages