Michigan Divorce Attorney Explains The Process Of Divorce And Family Law
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By: Michigan Attorney Jannelle
Submitted
2009-07-12 02:11:01 |
Michigan Family Law
Understanding your rights as designated by state law is the best way to ensure that you are getting the most for yourself and/or your children in any legal matter. While federal laws remain the same for all 50 states, family law varies largely from one state to the next. Detailed information on family law in Michigan can be viewed at the state government’s official website, but a summary of how the state views specific aspects of family law can be seen below.
Child Custody
One of the most significant and personal issues settled by family law is child custody. There are several custody arrangements available with the intention of creating a living situation that is best for the children. Parents may choose sole legal custody, joint physical and legal custody, sole physical custody with joint legal custody, or any compromise on legal and physical custody that the parents can agree is in the child’s best interest.
If the parents cannot agree on a custody arrangement, then custody will be decided by the circuit judge overseeing the divorce case with special consideration given to the interests of the child including but not limited to: the suitability, availability, capacity and stability of each parent with further emphasis placed on who the child may or may not be more attached to.
The judge will determine whether to grant sole or joint custody and to whom and will define the specifics of the arrangement including the division of time with the child or the restrictions on visitation rights. In conjunction with the “Child Custody Act,” parents should come prepared to show how they meet the eleven factors the judge is required to consider when granting custody.
Child Support
Michigan has a Statewide Child Support Guideline that is used to set child support levels. This guideline references the income of both parents as well as the needs of the child/children as compared to national statistics for family’s that maintain a similar lifestyle. The division of custody will also determine the size of support payments.
These payments are to be made through the county friend of the court office. If a parent fails to make child support payments, the state may mandate the use of income withholding to access the awarded funds. If the payer fails to provide the necessary support in a timely manner, they will be found in contempt of the court and may be subject to time in jail.
Separate Maintenance
The act of Separate Maintenance is often compared to a legal separation, but it is important to note that the state of Michigan does not recognize the concept of legal separation. Instead, parties not eligible for divorce (whether by religious restrictions or for other personal reasons) may file for a Judgment of Separate Maintenance.
Separate Maintenance has many of the same conditions of divorce—divorce from bed and board, division of property, and even spousal support—but does not absolve the bonds of matrimony. A full divorce may later be granted.
Divorce
A divorce is a highly emotional and even traumatic undertaking for many people. Being aware of how divorce proceedings work can go a long way toward absolving some anxiety. Ultimately, any number of emotions are normal in this process and while divorce lawyers are not therapists, they have enough experience in these matters to treat their clients with understanding and sensitivity. It is important to approach your divorce with as much strength and solemnity as possible, so for some parties it may be advisable to attain therapy to help them work through these issues in a proper environment, so they may be more capable of handling the legal issues in court.
Preparation is an important part of doing well in any divorce hearing. Before full divorce proceedings begin, it is advisable for the client to gather accurate and current information on finances and assets, to establish as much economic independence as possible, and to secure or close joint holdings to protect their individual interests. Using this information, the client should also write a budget of expenses detailing the monthly and annual cost of maintaining the lifestyle they and their children are accustomed to.
Once divorce proceedings begin, the two parties will have the option of reaching a settlement on their own. If they cannot agree, they may consult attorneys, hire arbitrators, or the court may assign a mediator. The issues settled in divorce cases include: child custody, child support, division of expenses, domicile, property distribution, and alimony.
Property Distribution
In general terms, much of property division relies on how much of the assets can be identified as separate property and how much is marital property. Some assets may fall between the two areas, which is where a good divorce lawyer is most valuable to their clients. In Michigan, each divorce case is to be viewed individually with no greater precedence presumed of either party in their ownership of property or responsibility toward debts. Therefore, it is the burden of each party to prove that assets are separate.
The division of property is decided by a marital overview including such factors as: length of marriage, contributions of each partner (both emotional and financial), standard of living and the cost of maintaining that standard, earnings of each partner, and the conduct of each partner while married.
Spousal Support
The size of spousal support payments are decided in much the same way as division of property with emphasis placed on the length and quality of the marriage and each partner’s needs plus their ability to meet those needs. While in some cases no alimony is granted, in most some spousal support is arranged.
Spousal support payments fall into two categories: periodic or gross. Periodic alimony is received monthly or yearly but is subject to changes depending on any variance in the earnings or status of either party so that periodic alimony may be raised, lowered, or terminated over time. Alimony in Gross is not subject to the restrictions of periodic alimony and is more like a payment plan devised to complete their financial obligations toward their partner over a set period of time as determined by the division of property.
Being apprised of your rights is the best way to approach any of these situations, but because of the importance and sensitivity of these issues it is advisable that you seek the assistance of a lawyer before entering any legal proceedings.
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Michigan Divorce Attorney Jannelle J. Zawaideh specializes in Michigan family law matters including Child Custody, Child Support, Alimony, Spousal Support, Property Division and any other Divorse issues that may arise. Call Michigan Divorce Lawyer Jannelle J. Zawaideh to schedule your FREE no hassle consultation with the most reasonable rates to accomodate your budget. You can also visit her website at http://www.themichiganlawyer.com
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