WHAT DOES FAMILY LAW INCLUDE

Family Law is the area of law that pertains to the many legal issues surrounding the family entity. This includes, but is not limited to:

-Divorce

-Custody

-Child Support

-Alimony

-Parenting Time

-Division of Property

-Annulments

-Divorce and Custody for Military

-Prenuptial Agreements

-Gray Divorce

Many family law matters may seem as simple as a contractual agreement. A Prenuptial Agreement, for example, is a legally binding document that outlines certain parameters regarding the terms of a legal marriage. A Parenting Time Agreement is a document that the Court requires for couples who are divorcing and have minor children that outlines the arrangements and agreements surrounding the issues of parenting time and rights of each spouse after the dissolution of the marriage. While it is true that these are documents, contracts and agreements, they concern matters that affect human lives and relationships. It is the cross section of having the right knowledge of the law and having the right spirit and personality that is essential in a successful and effective family law attorney. Max possesses the knowledge and skills to assist clients in working out the most appropriate solutions for every family law issue.

Collaborative Law is a form of alternative dispute resolution that gives you more control over both the process and the outcome of your family law matter.

Max recently attended the Institute for Family Conflict Resolution where he completed the Introductory Interdisciplinary Collaborative Divorce Training. The training meets the standards set forth by the International Academy of Collaborative Professionals. Collaborative law is yet another tool Max can now utilize for those clients seeking a more thoughtful, confidential and comprehensive approach to divorce and family law.

WHAT IS COLLABORATIVE DIVORCE

Collaborative divorce marries the preservation of assets with the conscious uncoupling of a married couple. The entire process considers the financial, emotional, and practical needs of an entire family. Rather than take highly-confidential matters and place them in public before the Court and the Friend of the Court, families are able to maintain privacy and keep their integrity intact while wading through one of life’s most challenging processes.

WHAT ARE THE STEPS FOR COLLABORATIVE DIVORCE

This voluntary dispute resolution process is outlined by the International Academy of Collaborative Professionals.

1. The parties sign a collaborative participation agreement describing the nature and scope of the matter;

2. The parties voluntarily disclose all information which is relevant and material to the matter that must be decided;

3. The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement;

4. Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding;

5. The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding; and

6. The parties may jointly engage other experts as needed.

HOW IS COLLABORATIVE DIVORCE DIFFERENT?

In collaborative practice, core elements form your commitments to this process, which are to:

• Negotiate a mutually acceptable resolution without having courts decide issues;
• Maintain open communication and information sharing; and
• Create shared solutions with personal and collective buy-in in order to achieve and recognize the priorities of the parties and their families.

HOW DOES DIVORCE WORK IN MICHIGAN

Michigan is a “no-fault” divorce state. This means that you do not have to “prove” that you should be allowed to get a divorce. It does not imply anything about how the Court may consider fault regarding property division or alimony. In order to initiate a divorce in Michigan, you will need to state in the Complaint for Divorce that: “there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed, and there remains no reasonable likelihood the marriage can be preserved.”

In the State of Michigan, the number of years you are legally married are the only years that are taken into account for purposes of determining the financial outcomes of a divorce. This differs from some states, which recognize common law marriages, including couples who have cohabitated for a long time without a legal marriage.

Once a Complaint for Divorce has been filed, the state requires a waiting period of at least 60 days before a case can be finalized. If you have minor children that are a product of the marriage, the waiting period increases to six months (180 days). Many judges will adjust this timing if the divorcing couple is able to resolve all of their legal issues before the end of the six months.

DIVISION OF PROPERTY

In Michigan, most divorces result in a 50/50 division of assets and debts that were accumulated during the marriage (i.e an equal split). That said, this is not a hard and fast rule – there are many exceptions. If one party has inherited money from a relative, there is a chance that money can be treated as a separate asset, outside the boundaries of the joined assets. Certain debts may also be counted as individual rather than shared. If one spouse collects debt that is not from something joint at all, for example a gambling debt, it is possible for that debt to be considered the sole responsibility of the spouse who incurred the debt.

WHAT IS MEDIATION

There are often challenges resolving the more contentious issues in a divorce, such as custody or alimony. The Court may mandate the parties attend mediation in order to attempt to resolve outstanding matters and disputes. This is a process whereby a neutral third party, typically a specially trained family law attorney, is engaged as a mediator. The mediator acts as a communicator and liaison and works with the attorneys and clients to try and move forward to settle the issues and the case. Mediation can be less expensive, more private and faster than trial. A shorter and less expensive process is often good for the clients on both sides and if there are children involved, often benefits the children.

JUDGMENT OF DIVORCE

The Judgment of Divorce is the document that confirms the details of the divorce at the end of a divorce settlement or trial. Things that must be addressed in an entered Judgment of Divorce include, but are not limited to:

Custody

Parenting Time

Child Support

Alimony

Itemized Division of Debts

All of these particulars and more are laid out in the Judgment of Divorce that will be signed by the parties, their attorneys as well as the Court in order to finalize a divorce in the State of Michigan. Always keep a copy of your final Judgment of Divorce in a safe place for future reference.

For parents who are divorcing, ensuring that minor children are cared for and protected during this process is absolutely critical. Family law attorneys know this and should always work with you to ensure this is a top priority. Parenting time and child custody matters can be challenging issues to address in a divorce. When the couple is at the point of a divorce, one or both may be emotional or confrontational. It is the job of the Family Lawyer to be at the side of the client and help walk them through this tough area of the divorce experience.

HOW DOES CUSTODY WORK IN MICHIGAN – LEGAL AND PHYSICAL

There are two types of custody in the State of Michigan. Legal Custody is the term used for the decisions that are critical to a child’s life; what medical decisions need to be made about a child, where will the child attend school. Parents may have Joint Legal Custody. Joint Legal Custody requires that the parents decide these major issues together about their children. In the rare occasion that a parent is awarded Sole Legal Custody, She may make major decisions without consulting the other parent.

Physical Custody is the term that refers to the children’s living arrangements. For example, if a parent has Sole Physical Custody the child/ren may spend more time with one parent than the other. For example, they may spend the weekdays with one parent and alternating weekends and some holidays with the other parent. There are many different arrangements for physical custody. In a Joint Physical Custody situation, the parents typically split the time with the children very evenly, parents may have a week-on week-off arrangement as an example.

In order to determine custody, the Court utilizes the Best Interest of the Child standard in determining the most ideal outcome for the children.

CHILD SUPPORT

In the State of Michigan, the Court and family lawyers use a standardized formula to determine Child Support, The Michigan Child Support Formula, which calculates the amount of child support that a child is entitled to receive until s/he is 18 years old, or until they graduate high school (not to exceed 19 ½ years of age.)

The fact that there is a formula can give a person an idea of what the child support requirements will be in their divorce. However, there are many factors that may affect child support calculations. For example other children from other marriage or how a business owner shows his/her claimed income may affect child support amounts. The filing dates and issues surrounding any appeals to modify child support designations can be very complex. It is essential to engage a Family Law attorney who is aware of the many important variables.

SPOUSAL SUPPORT

Spousal Support, also known as alimony, is what one spouse pays the other to assist or pay for living expenses as part of a divorce settlement. There are a number of factors that play into the assessment of spousal support. These include:

-The ages of the parties

-How long the couple has been married

-Determination of each spouse’s individual physical health and living needs and their education and level of income

There are other factors that are considered to determine levels of spousal support which may include:

-Each spouse’s ability to work

-The financial particulars of the divorce settlement and property division

-The length of the marriage

-The history and past behavior of both spouses in and out of the marriage

-The ability of a party to pay support

-The prior standard of living of the the parties

Are you interested in legal assistance without the expensive retainer?

Luckily for you, as of 2019, Michigan now allows attorneys to offer Limited Scope Representation. Simply put, limited scope representation allows you to hire an attorney for a specific service or services, including but not limited to:

• Drafting and editing pleadings, documents or correspondence;
• Reviewing a settlement proposal or proposed Judgment of Divorce;
• Court, Hearing and Mediation preparation

Sometimes clients want assurances on one thing in particular or throughout the process, but largely want and believe they can also do routine things like mail, file and appear on their own and for themselves. This arrangement makes legal assistance both more affordable and accessible and allows clients to be assured of their handling of the process while still being in charge. This service allows the client to seek input and guidance when helpful so that they can move through the court system in a more confident and efficient manner.

Typically, limited scope arrangements work best when clients are on fairly civil terms with their spouse, can communicate with their spouse about most/all issues related to their divorce, and feel comfortable attending routine court hearings alone (with advice and counsel available when needed and requested). Max has cases where both spouses retain their own LSR attorney so that they each have legal advice and guidance on the side. Often times, this is a more sensible and cost-effective approach when parties are in agreement on most things and/or do not have significant disputes relating to custody, parenting time or finances.

Limited scope representation allows for clients to obtain legal advice and counsel on their terms and in line with their personal, tailored needs. If this flexible approach is of interest to you, it is something Max does routinely and is happy to discuss if it fits your matter or situation.