Family - Divorce - Paternity
Divorce
Whether you have been served with a complaint for divorce, or you are contemplating filing for divorce, your decisions on how to proceed should be made knowing the possible consequences and outcomes.
A divorce is begun in Michigan by filing a summons and complaint. Although, the language of the compliant for divorce must comport with Michigan Statutes and Michigan Court Rules it is also important that your complaint or answer divulge information about you and your family. Specifically, are there children and what has been your role? Are there assets and who contributed to them? Is there fault and what bearing has it had on the breakdown of the marriage? Oftentimes filed with the Summons and Complaint for Divorce or Answer is a motion requesting temporary relief. You may request temporary relief regarding any or all of the following:
- That insurances, such as car, life and health, be maintained during the pendency of the proceeding;
- That the status quo be maintained when it comes to the payment of marital debt. Or if the parties have physically separated that each party be responsible for their own maintenance and support.
- That the parties’ relationship with the minor children be maintained so that neither party is allowed to alienate the children from the other and that the parties be awarded temporary joint legal custody. Furthermore, if the parties have physically separated, a request that the parties be awarded joint physical custody of the parties minor children if determined to be in the best interest of the minor children.
- That the parties bank accounts, other than accounts used for the support of the family, credit cards and investment accounts be frozen so that neither party is allowed to incur new debt or invade any account for personal gain;
- Issues addressing child support per guidelines for a custodial parent or in the alternative the use of shared economic formula in cases of joint physical custody. Also, issues of spousal support, tuition or other extraordinary expense
An answer to the summons and complaint for divorce must be filed within 21 days of service or a judgment of default may be requested. A judgment of default significantly limits your ability to negotiate the disposition of assets.
Lastly, with the Summons and Complaint for divorce and any motion for temporary relief, statutory forms are necessary.
After the summons, complaint, motion for temporary relief, and notice of hearing are filed with the Circuit Court, the opposing party is served all documents.
Our process server has been successful in all cases. Further, no matter how contested the divorce the person is served with tac and dignity.
A divorce with minor children in Michigan can not be finalized until six months from the date of filing has passed. This is typically referred to as the “cooling off” period.
In a divorce without minor children sixty days must pass from the date of filing.
Throughout the waiting period certain discovery techniques may be utilized based on your needs, knowledge, and desires. These discovery techniques may include: Interrogatories, Requests to Produce, Subpoenas, Depositions, the Use of Independent Appraisals, Accounts, and Investigators.
Based on your comfort level with the discovery of assets and information, you may attempt to settle. Settlement may be accomplished through the attorneys or by participation in mediation/arbitration.
Although attempts at settlement may not resolve all issues, trial issues can be narrowed should the parties chose to agree to some issues.
Should difficulties arise during the duration of your case, a separate motion, case conference or exparte relief may be sought to protect your rights until a final judgment of divorce is entered.
For your matter to be concluded a judgment of divorce must be entered and a pro confessor completed.
A pro confessor, commonly referred to as a pro con, is simply the statutory requirement that a party place on the record the desire to proceed to a final divorce and that the party has agreed to be bound by the judgment of divorce.
Divorce can be scary; however, you should never be to scared to fight for your rights!
Paternity
A paternity case in not unlike a divorce case in that your monetary survival and obligations may be at risk. Whether it is because you are seeking child support or someone is seeking to enforce child support against you, it is important that you understand your rights.
Oftentimes people do not understand how child support is calculated against them. It is important to know that not just the money you receive as wages from employment is considered in the determination of child support, but also funds you may receive from other sources. Also, an order for child support might include expenses relating to health insurance and child care.
It is important to know that child support and parenting time are no longer considered one. Just because that you are paying child support or there is a child support order in effect does not necessarily mean that you automatically receive parenting time. Furthermore, the amount of child support to be paid may be affected by the amount of parenting time you have. Child support can be calculated based on the other party being the custodial environment, the parties having joint physical custody of the minor child, or the parties having split custody of the child.
In seeking a change of legal or physical custody of a minor child the court determines what is in the best interest of the minor child. In making that determination the Court first looks to see if there is an established custodial environment. In determining whether there is an established custodial environment the Court decides whether or not the child has consistently resided with one parent of the other.
