The post Who Keeps the Pets After Divorce in Michigan? appeared first on Alward Fisher.
]]>Michigan views pets as “property”. That means they might have to go through asset division like furniture, vehicles, or joint bank accounts. A court must divide assets based on what is fairest to both spouses. They could also consider the following:
The short answer is that it depends. Gifts given from one spouse to another are typically considered marital property and subject to division. However, courts will often place a shared pet with its primary caregiver.
If you owned the pet before getting married, a Michigan divorce court would typically consider it your separate property and allow you to keep it. But even if you brought a pet into your marriage, your spouse could have contributed to its care. In this case, the court could consider it to be “commingled” property and subject to division.
If you’re going through a divorce that involves pets, contact the Traverse City divorce attorneys of Alward Fisher today. We have the tools and team of an elite practice but strive to maintain the accessibility and community pride of a small-town firm. Let us put our century of combined experience to work on your case. To learn more about pets and divorce in Michigan, reach out today for a free consultation.
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]]>The post I’m a Divorcing Father. What Are My Child Custody Rights? appeared first on Alward Fisher.
]]>The Child Custody Act dictates parental rights in Michigan. This maps out the legal guidance for defining, determining, and assigning custody arrangements. According to the law, each parent has a right to custody of their child.
Additionally, the court can bring in other non-general factors specific to an individual’s situation that they find relevant when creating a custody agreement. Michigan custody laws do not prioritize or favor the father’s rights over the mother’s. The focus is on the child, their rights, and their relationship with their parents.
In Michigan, there’s legal custody and physical custody. Legal custody gives a parent the authority to make decisions on their child’s behalf. Legal custody decisions typically include anything concerning the child’s well-being, such as their education and after-school activities. Both parents can have joint legal custody over their children.
A parent whose child lives with them is said to have physical custody. Both parents can have joint physical custody, but the child may not spend equal time with both parents due to factors like the child’s school day. Typically, a predetermined schedule outlines when a child spends time with each parent and is specific to the lifestyles of both parents and the child.
A judge will assess various factors when determining a custody arrangement. Still, crucial elements include how well the child’s parents can agree on the details of their custody arrangement and the child’s best interests.
Generally speaking, joint custody is suggested if both parents agree on a legal and physical joint custody arrangement. If the parents agree, a judge will approve the agreement.
Continue to play an active role in your child’s life throughout divorce proceedings. Because Michigan custody laws emphasize the child’s relationship with their parents, it’s crucial to demonstrate to a judge that you have satisfactory parenting capabilities. Maintaining as much normalcy and balance as possible for your child is also essential.
Talking to an experienced child custody lawyer can provide you with a tailored plan to help you navigate the road ahead. At Alward Fisher, we understand that going through a divorce can be stressful and overwhelming. Our dedicated legal team will give you guidance and stability during a challenging time. Contact our office today for a consultation.
This post was originally published in December 2017 and has been updated for accuracy and comprehensiveness in February 2024.
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]]>The post What Happens if an Ex-Spouse Violates a Family Court Order? appeared first on Alward Fisher.
]]>We know and understand how frustrating it is to deal with a difficult ex-spouse. At Alward Fisher, we can handle paperwork and court appearances to relieve stress and help recover the child support you need. Contact our Michigan child support attorneys for a confidential consultation.
In Michigan, both parents are responsible for financially supporting their child until the child turns 18. A few exceptions exist where a judge may order support beyond the child’s 18th birthday.
The Michigan Child Support Formula determines which parent will pay child support and the amount. A judge considers various factors, including each parent’s income and how much time the child spends with each parent. Once the court issues a child support order, the person paying (the “payer”) is legally obligated to pay on time.
When a payer doesn’t follow their obligations, their child suffers. The parent who is owed payments may struggle to provide for their child’s needs and face other issues.
Furthermore, failure to pay child support as required by a court order is a felony under Michigan law. A person convicted may face penalties including up to four years in prison and fines of up to $2,000 or both.
You can take action if your ex is not paying child support and failing to uphold their part of an agreement. You can file a motion with the court, and a judge may order your ex to appear in court for a hearing to determine whether your ex can make payments. If the judge finds that your ex can pay, the judge may hold your ex in contempt of court, which can result in jail time or fines.
An experienced family law attorney can help you pursue the child support payments you need. At Alward Fisher, we can relieve the pressure from unpaid child support and champion your best interests. Contact our Traverse City child support attorneys today to get the assistance you deserve.
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]]>The post Michigan Divorce and Pet Custody appeared first on Alward Fisher.
]]>In Michigan, divorce law does not treat pets like children. Courts do not award “custody” of pets in divorce. Instead, the law treats pets like property. When a pet qualifies as marital property, the court can include it in the equitable division of the marital estate. However, spouses can resolve ownership over pets through a property or divorce settlement agreement, which the court can incorporate into the divorce judgment.
Because animals can become stressed without a stable living environment, it can prove challenging to trade off “custody” of a pet between divorced spouses like they would with children. As a result, one spouse usually gets to keep the pet on a permanent basis following divorce. However, when a divorced couple has young children, they may choose to include the family pet when exchanging custody of their children, especially if the children have a deep emotional bond with it. Having a beloved pet around can help children see both parents’ houses as “home.”
Although Michigan does not recognize the formal concept of “pet custody” and treats pets like other property in divorce, there are still a couple of tips you can follow to give yourself a better chance of keeping your pet in divorce. First, you could gather evidence to prove that your pet qualifies as your separate or non-marital property. For example, if you had your pet before your marriage, inherited your pet during the marriage, or received your pet as a separate gift (i.e., not a gift to you and your spouse), then you can argue that you should get to keep your pet as your separate property.
If, on the other hand, you and your spouse adopted or received your pet during your marriage, you can try to negotiate with your soon-to-be-ex over who will get to keep the pet after your divorce. Certain circumstances, such as having primary custody of your children, may give you a stronger argument for keeping your pet since you and your spouse might not want to separate your children from a beloved pet. Conversely, having a favorite pet can help ease the distress of not having primary custody of children.
If you and your soon-to-be ex-spouse have a pet, figuring out who gets it in divorce can quickly become a legal battle. Turn to trusted Michigan divorce attorneys with Alward Fisher to learn about your rights and options in pet custody. Contact us today to get started with a consultation.
This article was previously published in January 2018 and updated for relevance in January 2024.
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]]>The post Can You Get an Annulment in Michigan? appeared first on Alward Fisher.
]]>There is a lot of confusion surrounding the concept of annulment and whether you can seek a marriage annulment in Michigan. At Alward Fisher, our savvy family law lawyers want to help you understand annulment and whether it is an option for you.
Annulment is different than divorce. Divorce is a legal process for dissolving a valid marriage, allowing spouses to separate their lives and assets. An annulment is a legal process declaring that a marriage never occurred in the first place. If you never technically had a legal marriage, you could qualify to have your marriage annulled.
Can you get a marriage annulment in Michigan? The answer is yes, but only under limited circumstances. If your marriage meets specific criteria, you can seek an annulment in Michigan by filing annulment paperwork in the circuit court of the county where you live.
The most challenging part of getting your marriage annulled is providing sufficient evidence to the court to prove your marriage should never have been considered valid.
An annulment means the marriage was not valid and never existed. However, if children are involved, the children are considered legitimate, and the court can issue an order for custody arrangements and child support.
Are you interested in more information about annulment in Michigan? Discuss your situation with a compassionate family law attorney from Alward Fisher. We want to help you understand your options and if you have a valid annulment case.
Contact our Traverse City office today to arrange a consultation.
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]]>The post Can a Child Choose Who to Live with in Michigan Custody Proceedings? appeared first on Alward Fisher.
]]>Whenever matters of child custody arise – whether during divorce, disputes between unmarried co-parents, or post-divorce settlement modifications – Michigan courts make any decisions concerning children based on what they believe is in the best interests of the child. The courts will consider various factors in making this determination, including the child’s emotional, educational, and physical well-being, the stability of each parent’s home environment, the capacity of each parent to provide love, guidance, and financial support, and any histories of domestic violence or substance abuse.
Any legal proceedings regarding children must be initiated in the county where either the parent filing the case or the children in question live. If the parents are divorcing, they will need to settle matters regarding custody, visitation, and support before the divorce can be finalized. If the parents were never married, they would need to establish paternity.
At this point, many counties will require the parents to complete certain classes, meet with a friend of the court for a conciliation meeting, and/or go through mediation before the courts hear their case. Only after these less-contentious options have been exhausted will the courts become involved.
At the core of Michigan custody laws is the best interest of the child. This pertains to several factors which collectively shape the decision of the court. Michigan’s best interest factors are pivotal in prioritizing the child’s well-being. The factors the court considers include:
Additionally, Michigan custody laws emphasize promoting and maintaining consistent and positive relationships between the child and both parents. While some may wonder, “Can a child choose which parent to live with?” it’s crucial to understand that decision-making goes beyond just the child’s preferences. The court will always prioritize a setting that ensures safety, stability, and a nurturing environment over the child’s wishes.
Can a child choose which parent to live with in Michigan? Under Michigan custody laws, a child cannot legally decide where they want to live until majority age (18). Very young children usually cannot reasonably express their wishes. There is also the danger that one parent might “coach” a young and impressionable child to achieve their desired outcome. Typically, the court wants to hear from children who are mature enough to express their preferences without parental interference. While different children mature at different ages, the older a child is, the likelier the court will factor their wishes into its decision.
Having a child testify in court is emotionally taxing for all parties involved. Typically, Michigan courts avoid children testifying in a family legal matter. Instead, they might opt for other methods, such as interviewing the child in the judge’s chambers, to ascertain their feelings and preferences without subjecting them to the pressures of the courtroom.
Instead of having the child testify in open court, some judges may opt for an “in-camera” interview. This is a private session in the judge’s chambers, away from the formal courtroom setting, parents, and attorneys. The goal is to make the child feel more at ease.
In some cases, the court may appoint a guardian ad litem, child psychologist, or custody evaluator to speak on behalf of the child. These individuals can provide insights into the child’s needs and preferences without requiring the child to testify.
Custody lawyers in Michigan will tell you that the state recognizes two types of custody: legal and physical. Legal custody describes the right of parents to decide where the child will go to school, what religious training they receive (if any), and what medical care they receive. Physical custody determines where the child lives and how much time they spend with each parent. It also gives parents the legal right and obligation to care for the child while in custody.
Parenting time is a limited form of custody, formerly called “visitation.” Child custody in Michigan could be joint or single. When deciding specifics for child custody, the court considers the best interest factors and, if the child is old enough, their stated preference.
The Friend of the Court is indispensable in Michigan’s child custody battles. Established in 1919, Michigan’s Friend of the Court (FOC) offices serve each circuit court’s family division. Their primary roles include:
However, the FOC cannot:
At Alward Fisher, we understand that doing what’s best for your children requires compassion, dedication, and an in-depth knowledge of Michigan custody laws – and that’s exactly what we’re proud to offer. We serve families throughout Northern Michigan and Traverse City with supportive, personalized legal representation. If you have questions about your child custody situation, contact Alward Fisher today for a confidential consultation.
This article was previously published in June 2022 and updated for relevance in Oct 2023.
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]]>The post Pros & Cons of Divorce Mediation appeared first on Alward Fisher.
]]>Mediation offers a more efficient, collaborative, and cost-effective means of getting through the challenging divorce process for couples who wish to dissolve their marriage. Understanding the pros and cons of divorce mediation can help you feel confident as you take steps toward the next phase of your life.
Michigan allows divorcing couples to forgo the formal court process and resolve their disputes via mediation. The spouses and their legal teams begin the process by choosing a mediator. Alternatively, the court can appoint one on their behalf via the Michigan Courts Office of Dispute Resolution. Both sides will bring a list of disputed issues to the proceeding. These may include:
The mediator will speak to the spouses about each of these issues, both together and individually. Mediation aims to reach a creative compromise through respectful communication between the two sides. If the spouses find common ground, they can include the details of their agreement in a document their attorneys can file as a judgment of divorce in court.
If the parties cannot agree, they will return to court, where a judge will rule on the contested areas.
Having an experienced divorce lawyer by your side during mediation is essential to protecting your rights. Although mediation is less adversarial than courtroom proceedings, unrepresented spouses can quickly lose a lot of ground.
Mediation is not the best solution for all couples, however.
While these factors may deter some people from attempting mediation, hiring an experienced attorney can overcome these drawbacks.
Are you considering mediation as a helpful way to reach an agreement in your divorce proceedings? The Traverse City divorce attorneys at Alward Fisher can advocate for your best interests every step of the way. Our team includes a certified divorce mediator who can help you understand the process thoroughly. Contact our team today for a confidential consultation to learn more about how we can help you.
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]]>The post How Much Is Child Support in Michigan? appeared first on Alward Fisher.
]]>Generally speaking, this child support is meant to help the custodial parent pay for their child’s:
Michigan uses a system called the Income Shares Model to make child support determinations. This method considers both parents’ combined incomes and the number of children involved. It also considers each parent’s income percentage (their share of the combined income) and their care percentage (their share of parenting time). If a parent’s income percentage is higher than their care percentage, they usually make child support payments.
How is child support calculated in Michigan? Through a software program called the Michigan State Disbursement Unit’s Children’s Economic Tool (CET). Before you can calculate child support in Michigan, you will need to know:
However, there are times when the courts can deviate from this calculation, such as when:
The child support formula is reviewed, updated, and changed periodically.
If you have problems regarding your child support arrangement, get in touch with an experienced family law attorney immediately. The sooner you do, the more they can do on your behalf.
Michigan child support laws are complex. A child support lawyer with Alward Fisher can explain your rights and work hard to protect them. Contact our family law firm for a confidential consultation.
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]]>The post Can I File for Divorce Without a Lawyer in Michigan? appeared first on Alward Fisher.
]]>Representing yourself in divorce proceedings can be stressful and time-consuming because of complex laws, tight deadlines, and lengthy paperwork. A divorce is challenging enough without the extra burden of handling a legal case. An experienced divorce attorney can offer sound advice and take care of all the legal details, giving you peace of mind and time to focus on yourself and your family. It’s essential to consider the divorce laws in Michigan, the assets that might be contested, and how an attorney could help secure your future.
Michigan is a “no-fault” divorce state, meaning a person doesn’t need to prove that their spouse did anything wrong, such as adultery or abuse, to get a divorce. Someone filing for divorce only needs to show an irretrievable breakdown in the marriage that is unlikely to be repaired.
The only requirements for obtaining a divorce in Michigan are that the person filing or their spouse must have lived in Michigan for 180 days before filing and must have lived in the county where the divorce papers are filed for at least ten days before filing.
In an uncontested divorce, both parties agree on all divorce-related issues, including property division, custody, child support, and alimony. While the parties can work out the significant divorce terms themselves, an attorney can still help ensure that all the necessary legal documents are accurate before filing.
In a contested divorce, the parties cannot agree on one or more material issues. In such cases, the court might decide on these matters or order the parties to work with a mediator. Contested divorces are typically complex, time-consuming, expensive, and emotionally challenging.
The family law lawyers at Alward Fisher offer effective legal representation, personalized services, and decades of combined experience. Trust our team of talented attorneys and support staff to protect your rights at every stage of the divorce process. Contact us now for your confidential case evaluation.
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]]>The post How Much Does a Divorce Cost in Michigan? appeared first on Alward Fisher.
]]>Before initiating a divorce in Michigan, you should know the state’s requirements. First, Michigan is a no-fault state, meaning you are not required to prove that either spouse did something wrong to get a divorce. The only grounds for divorce recognized in Michigan is that the marriage has broken down and there is no reasonable chance of reconciliation.
However, you must meet the residency requirement to file for divorce in Michigan. You or your spouse must have resided in Michigan for at least 180 days before filing for divorce. Additionally, you must have resided in the county where you plan to file for at least ten days. If your spouse lives out-of-state, it is still possible to file for divorce in Michigan.
You can file for a contested or uncontested divorce. An uncontested divorce means you and your spouse agree on all the terms of your divorce. A contested divorce is more complicated and means you and your spouse need the court’s help to settle issues such as alimony, property division, and child custody arrangements.
It is challenging to provide an exact estimate of the potential costs of a Michigan divorce. Numerous factors can impact the cost, including the case’s complexity and whether you and your spouse agree on fundamental issues. A contentious divorce where high-dollar assets are at stake can cost more to resolve than a divorce where both parties amicably agree on the terms of the divorce.
After carefully reviewing your situation, an experienced family law attorney can give you a better idea of what a Michigan divorce may cost. A lawyer can help you navigate the divorce process and provide crucial counsel as your case progresses.
Yes. Generally, filing for an uncontested divorce is less expensive and time-consuming than a contested divorce. However, you and your spouse must agree on the divorce’s terms, such as property division, child custody arrangements, and spousal support.
If you cannot pay your attorney’s fees, you might get your ex-spouse to cover the cost, but only if you can demonstrate that you cannot pay the fees yourself and that your ex-spouse can. If you want your ex to cover your attorney’s fees, you’ll want to work with an experienced divorce lawyer who can review your situation.
You may also request your filing fees be waived by submitting a Fee Waiver Request. You won’t have to pay court fees during your divorce if approved.
While there is a cost associated with mediation, mediation may help you amicably resolve some of the contested issues in your divorce, saving you money in the process.
Michigan divides marital property via equitable distribution, meaning the court attempts to divide marital assets fairly and equitably. However, this does not necessarily mean an equal 50/50 split of marital assets. The court will review all aspects of the divorce and decide what is a fair division based on various factors. The court might consider the following when determining equitable distribution:
There is no definitive timeline for getting a divorce in Michigan. The length of the process depends on several factors, including the complexity of your case. Couples who file for an uncontested divorce and agree on the terms of the dissolution of their marriage may find the process moves quickly. Contested divorce cases can take longer to resolve, especially if they involve multiple court appearances. Furthermore, high net-worth divorces can take a long time because there are several assets to divide, and professional appraisals or sales may have to occur first.
There is a 60-day waiting period before a judge will hear your case after you file for divorce. That waiting period extends to 180 days if you and your spouse have children together.
Even if you and your spouse agree on the terms of your divorce, several complicated issues may arise. An attorney can help you navigate the process and alleviate some of the stress of filing for divorce.
A lawyer can help you by:
The cost to file for divorce in Michigan can vary depending on several factors. However, an experienced attorney can help determine how much you will pay. Contact Alward Fisher today to speak to one of our Michigan family law attorneys. Our knowledgeable legal team can help make the divorce process go more smoothly. Contact our office today for a free and confidential consultation.
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