Divorce in Detroit

Introduction
The attorneys at the Family Law Offices of “Your name here” located in Detroit, are not only experienced in family law, but we are compassionate and considerate to your emotions at such a stressful time in your life.  We strive to give you one-on-one personal service.

Overview

• Michigan is a no fault divorce state.
• This applies only if a final agreement on all marital issues is reached.
• If you cannot reach an agreement, fault can become a factor in this divorce.

• The only proof necessary to get a divorce in Michigan is to show that the marriage has broken down and there is no reasonable way to repair it.

Getting Started

• If you start the divorce, you are known as the Plaintiff
• The person who the suit is filed against is the Defendant.
• All proceedings are resolved by the Circuit Court.
• The Friend of the Court is an arm of the court.
• They assist in the matters of spousal and child support, custody and visitation, and the enforcement of these court orders.

Summons

• Notifies your spouse that a suit has been initiated.
• If served by a process server, your spouse will have 21 days to respond.
• If served by mail, your spouse will have 28 days to respond.
  

Complaint

• Initiates divorce and states:
• your name and your spouse’s name
• your name and your spouse’s name before the marriage
• the date and place you were married
• grounds for the divorce
• length of time you have lived in Detroit – you must live in Michigan for at least 180 days and the county you are filing in for at least 10 days
• children information – names and birthdays
• The Defendant has the right to file his or her own Complaint.  This is called a Counter-Claim and the Plaintiff must respond to it.
  

Miscellaneous

• Injunctions - Only used to prevent your spouse from dissipation of assets.
  An order for temporary custody and support can sometimes be obtained without a hearing (ex parte).
• Verified Statement to the Friend of the Court – Necessary for cases involving minor children or requests for support.
• Record of Divorce – Required by the State of Michigan.  Can be filed at the beginning or end of divorce proceedings.
• Fees - When you file your summons and complaint, you must pay a filing fee of $150 plus $80 if there are children involved.
• Motions – May require a hearing.  Asked for to discuss child and/or spousal support, parenting time, etc.  This requires a $20 fee.
  

Other Information

• A divorce takes at least 60 days to be granted.
• If there are minor children involved, you will be required to wait 6 months.
• No divorce is granted without a court hearing – must prove statements made in the Complaint are true.
• You may request temporary orders for custody, child and spousal support, mortgage payments, medical care, etc. any time during the divorce proceedings.
  

Waiting to Go to Trial

• Both parties and attorneys spend time trying to resolve issues associated with the marriage.
• They will review financial information
• Interrogatories take place - requires answers under oath from the recipient.
• Depositions may be taken - obtain further information from the other spouse.
• Discovery is obtained – review all finances to determine a value.
• If you cannot reach a settlement, the court can appoint a mediator to help.
• If an agreement cannot be reached, the mediator will make recommendations to the court.
  

Judgment of Divorce

• After a settlement has been reached, the court will enter a Judgment for Divorce.
• Your divorce will be granted.

Child Custody
Child custody is the most emotional part of most divorce cases.

Joint Legal Custody

• Both parties must agree and cooperate with each other regarding:
• Major issues such as medical, education and religion
  
  

Joint Physical Custody

• The children will live with one parent part of the time and the other parent part of the time.
• The parent who has the minor child at any given time will be responsible for making routine decisions.
• Each parent is responsible for child support.

Primary Physical Custody

• The child will primarily live with one parent.
• The non-custodial parent will have Parenting Time.
  

Sole Custody

• One parent has primary physical custody and the responsibility to make all decisions.

Custody Decision
If an agreement cannot be reached by the parents regarding custody of the child, the court will make the decision.  The court takes into consideration:

• The best interests of the child including:
  • All emotional ties between the child and the parent
  • Who will give the child the most love and guidance?
  • Who can provide shelter, food, clothing, medical care, etc.?
    

Child Support
Child support is based on the child’s needs.

• The Michigan Child Support Formula is used in determining the amount of support to be awarded.
• The support automatically is withdrawn from the salary of the parent who pays it.
• The support order is in effect until the child graduates from high school or turns 18.
• The custodial parent can declare the children as dependents for all tax purposes.
• Support can be modified depending on circumstances.
  

Parenting Time / Visitation

• In Michigan, a child has a right to spend time with both parents.
• Unless a court determines it would endanger the child.
• The Parenting Time Guidelines have been established to arrive at schedules, terms and conditions.
• Reasonable and sufficient time is granted to the non-custodial parent.
• The child cannot be permanently removed from the jurisdiction of the court without the court’s prior approval.
• The custodial parent must petition the court for an order granting this relief.
  

Spousal Support / Alimony

• Spousal support is money paid by one spouse to another for his or her support and maintenance.

• The factors considered by the court in awarding alimony are as follows:
• Length of the marriage
• The ability of each spouse to work
• Ability to pay spousal support
• Property awarded to each party
• Ages
• Standard of living
• Health
• The spouse receiving support must claim as income and, therefore, pay taxes on it.
• The spouse paying support can use as a deduction for income taxes.
• Alimony in Gross – Has the attributes of a property settlement – a certain amount.

Property Division
The division of property acquired during the marriage can be one of the most contested issues in a divorce proceeding.

• If the parties cannot arrive at a property settlement, the court will divide the property for them.
• The court will make a fair and equitable decision, considering:
• The length of the marriage
• Needs of each party
• Earning capabilities of each party
• Reason for divorce
• The source of property
• Who contributed what
• Age and health of each

Conclusion
The Family Law Offices of "Your name here" knows that this is the most devastating ordeal anyone can go through.  We know you are not thinking clearly and we will get you through this emotionally-draining time.

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