Michigan Divorce, Child Custody & Child Support Frequently Asked Questions
Where do I file for divorce?
Divorces are filed in the circuit court in the county where you have resided for at least 10 days in Michigan. Ingham County’s Family Division of the court handles all domestic matters including divorce. Call us at Grewal Law today for your no obligation quote at 517-393-3000 to help you file your case. We will be by your side and will help you understand the entire process.
Do I have to go to court?
Every case does not end in a Divorce Trial. In some cases, you may be able to enter Divorce Mediation. There are different types of mediation, but they all include a neutral third-party working to help both spouses reach an agreement without going to trial. The goal is to negotiate without having a drawn out court proceeding.
What will I need to prove in my divorce?
Michigan is a No Fault state which means nothing has to be proven in your case. No longer will a person seeking a divorce have to validate allegations of abuse, mental cruelty, adultery, drug/alcohol abuse or abandonment in the relationship.
Under Michigan law all that has to be shown is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
Do I need to hire an attorney?
While it is not required to have legal representation, in order to protect your best interests in your divorce it is imperative to hire an expert divorce attorney. The reasons to hire an attorney including the protection of your assets, your children, and your future finances. Learn more about the benefits of hiring a lawyer in Getting a divorce in Michigan – Do I need a lawyer?
Will I have to pay or will I receive spousal support/alimony?
Under some circumstances, a judge will make a ruling to have alimony or spousal support paid to one of the spouses. There are a lot of factors that go into the court’s decision to award this type of support. These include the length of the marriage, overall wealth of each spouse and the ability for one spouse to support his or herself after the marriage ends.
Our expert divorce attorneys can help you understand how alimony/spousal support may be considered for your case. We will also review any tax or financial ramifications the support could have on your personal finances.
How is child support determined?
The Michigan Child Support Formula determines the amount that will be paid by a parent. The use of the formula is mandatory and it takes into account a variety of factors. These include the income of the parent who will be paying along with the resources provided by the other parent. The total support paid will also be influenced by the number of nights a child spends with each parent.
Additional factors can be added into the formula including the number of minor children in the case, alimony being paid, the income of each parent and support provided for other children in the household. Expenses considered for the formula include how many minor children are involved in the case, income of each parent, any alimony being paid along with the payment of support for any other children.
As your Michigan family law attorney, we can help you understand how the formula works and what may be used in the calculation for the support you will be paying or receiving. Learn more in Understanding Michigan Child Support.
Who determines how our property is divided?
The division of most property is equitably divided under Michigan law. However, if you brought certain assets into your marriage or if you inherited assets during the marriage these will be counted as personal property. While serving as your legal counsel, we will ensure your personal property is protected and not considered maritable property. The court will require you and your spouse to disclose how each asset was obtained.
In addition to the home where you live the court will also make determinations on any vacation property. These could include a cabin up north or a timeshare property. Besides real property including a house, land or vehicle there may be other assets considered for division. These include items such as:
- Stocks, bonds and investment accounts
- Retirement accounts including 401(k)s and pensions
- Health insurance
- Money and assets received as gifts or through an inheritance
Facing a divorce is a daunting task. You need an experienced Lansing Divorce Attorney or an Okemos Family Law Lawyer to answer all of your questions regarding the process. Our team at Grewal Law, PLLC is ready to support you throughout the entire proceedings.
Call us for your free consultation today at 517-393-3000.