There are many aspects to family law. We handle all areas of Family Law. Whether you are in need of a divorce or have child custody issues. Are you considering adoption or have parenting time issues, call Johnson & Wilk and we will be happy to help you. If you have any questions about your rights under the law, Johnson & Wilk will answer them for you. Below is a description of what you can expect while going through some of these procedures.
Divorce
Divorce can be the most trying and difficult situations a person can be in. That is why our firm is a very compassionate and caring firm. We understand these trying times and we work hard for you to resolve your case with the least amount of stress and pain. We worry so you don’t have to. We are aggressive, reasonable, and 100% dedicated to our clients cause.
There are many factors involved in a divorce and one should not attempt to file and handle a divorce without the help of a knowledgeable attorney. Some of the factors include property division, child custody, child support, spousal support (alimony), and parenting time (visitation). For more information on these factors, please refer to the specific sections on this website.
Michigan is a no-fault divorce state. That means that any spouse in the marriage can get a divorce for whatever reason. According to Michigan law, a spouse only has to allege that there has “been a breakdown in the marriage to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved”. So even if the other spouse does not want to get a divorce, the courts will have to enter a judgment for divorce if the other spouse requests it.
If there are no minor children involved, Michigan law requires a waiting period of sixty days, from the date of filing of the divorce complaint before a judgment can be entered. If there are minor children involved, then Michigan law requires a minimum of 180 days from the date of filing of the divorce complaint before a judgment can be entered. This waiting period can be reduced if the parties agree and it is in the best interest of the children to do so.
How long a divorce case can go depends on the parties involved. If there are no children and the parties can agree on property division and any spousal support, then a divorce can be done in as little as sixty days. If the parties are deadlocked on who gets what, then they may have to go to mediation, arbitration, or trial. This can delay the process immensely. This is why it is important to have an attorney on your side who can fight for your rights and represent you at all stages of the divorce process.
Property Division
Michigan is an equitable state when it comes to property division. This usually means the marital estate will be divided 50/50, but it can be divided more than 50/50 upon showing of cause (sometimes for showing fault in the marriage). The marital estate consists of property acquired during the marriage. That means property each party acquired before the marriage stays separate, and thus out of the marital state. However, if one spouse significantly contributes to the improvement of the other spouses property (like helping to fix up rental property, or the cottage up north) then the separate property can be brought into the marital estate. Likewise, an inheritance one spouse receives will be deemed separate property, unless it has been “commingled” with the marital property (depositing a cash inheritance into the joint checking account). A spouse can even claim a portion of the other spouse’s business interests.
Pensions, 401(k)’s, IRA’s, and Social Security are deemed marital property and a spouse can get a portion of the other spouse’s retirement package. The amount will vary based on length of the marriage and negotiations between the parties.
If you want to know more property division, then call us now for your free, no obligation consultation and see what Johnson and Wilk can do for you!
Child Custody
Child custody is the most contentious aspect of a divorce case. Each parent usually fights over who will get custody of the children. Once a divorce case is filed, a parent can sometimes get an ex-parte order for temporary child custody. If no objection is filed within the time limit, then the ex-parte order becomes a temporary order and can then be crafted into a permanent order. If an objection is filed, then the court will schedule a hearing and the judge will decide who gets temporary custody of the children.
During the divorce process, the court will determine who will have custody of the children. This is based on the “best interests of the children” factors. The factors are listed in MCL 722.23 and are:
- The love, affection, and other emotional ties existing between the parties involved and the child.
- 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.
- 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.
- The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of the parties involved.
- The mental and physical health of the parties involved.
- The home, school, and community record of the child.
- The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
- 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.
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
- Any other factor considered by the court to be relevant to a particular child custody dispute
Most child custody cases will be referred to the Friend of the Court (FOC) for a recommendation. The judge does not necessarily have to agree with that recommendation and can award custody to the other spouse. You can even object to the FOC recommendation and request an evidentiary hearing to have the judge decide the custody question.
There are two kinds of custody relationships in Michigan:
Legal Custody: This is the type of custody based on who will make the decisions for the child. These decisions include: where the child goes to school, what kind of medical care will they receive, what doctors they will see, etc. The court can grant either joint legal custody, where both parents will decide these issues, or sole legal custody, where only one parent will decide these issues.
Physical Custody: This is the type of custody based on which parent the children will primarily reside with. This can likewise be joint physical custody, where the children will reside with each parent 50% of the year, or sole physical custody, in which the child will reside primarily with one parent.
Parenting Time
Michigan refers to visitation as parenting time. It will be awarded as part of the divorce judgment and can be very flexible, sometimes alternating weekends, every other holiday, one day a week for a few hours, and three weeks in the summer. The Friend of the Court can be called upon the make a written recommendation on parenting time if the parties cannot come to an agreement themselves.
It is important to note that parenting time and payment of child support is mutually exclusive. That is, one spouse cannot withhold parenting time from the other spouse for non-payment of child support and vice versa. If the non-custodial parent is withholding child support payments, then the custodial parent must contact their attorney or the Friend of the Court to enforce the child support payments. Likewise, if the custodial parent is withholding parenting time, then the non custodial parent cannot withhold child support payments. The non-custodial parent must contact their attorney or the Friend of the Court for enforcement. Remember, the child support is for the benefit your child. Do not use your child as a weapon against your former spouse.
You don’t have to lose your children. Call us now for your free, no obligation consultation and see what Johnson and Wilk can do for you!
