FAMILY LAW

Family Lawyer Farmington Hills MI


Every state has unique laws regarding issues like divorce and child custody. However, Michigan has some of the most complex family laws in the country. If you find yourself in the midst of a family law matter, you should speak to a family lawyer in Farmington Hills, MI.

An attorney does more than handle your legal issue. They also advise you on your case and give you support during a difficult time. Here at Ash & Ash Legal Group, we’re ready to help you.

What You Should Know About Family Law in Michigan

Family law is a relatively large umbrella that includes many family-related issues. While most people associate divorce with family law, there are many other niches. For instance, name changes, pre-marital agreements, and adoption are all considered to be areas of family law.

That said, the following aspects are some of the most common family law issues in Michigan:

Child Custody

Whether or not you were previously married to your child’s biological parent, you may find yourself in a custody battle. For married parents, this issue comes up during a divorce or a legal separation. It can arise at any point for unwed parents.

In Michigan, both parents need to develop a parenting plan. The plan should include a visitation schedule and details explaining who will be the primary decision-maker for the child.

You can undergo mediation in an attempt to establish a parenting plan. If that doesn’t work, you may need to go to trial. A judge then will determine the parenting plan. Typically, the courts favor joint custody and an equal visitation schedule in their plan.

That said, the agreement won’t always be an equal split. The judge looks at many factors when determining the parenting plan. For instance, they consider the child’s wants and needs. The judge also looks at the current situation. How is the child’s relationship with each parent? Who is more involved with the day-to-day care of the child?

If one parent has a substance abuse problem or a history of domestic violence, the judge will consider perhaps limiting that parent’s visitation time. In fact, they may only allow for supervised visitation in certain circumstances.

Child Support

Child support is another common family law issue. Once the visitation schedule is set, child support needs to be calculated.

Unlike child custody, child support is determined with a formula. The court considers the following:

  • Income of each parent
  • Number of children
  • Tax filing status of each parent
  • Childcare costs for each child
  • Health insurance premiums, medical costs, and other expenses
  • Parenting time

Once you have a child support agreement, it can be changed. However, this needs to be done in a legal manner. The parent who wants the agreement changed needs to file for a modification of child support. Additionally, they must prove there was a change in circumstances that warrants a reduction or increase in payments.

Divorce

Oakland County has a divorce rate of 5.4 percent. On an annual basis, thousands of people go through divorces in the county. With such a high divorce rate, Farmington Hills has a strong demand for attorneys with experience in family law.

The divorce process can range from relatively simple to extremely complex. A case involving a couple, no children, and only a few assets may not be difficult to resolve. But sometimes all that it takes is one disagreement to complicate the divorce process.

One very common issue with divorce is alimony. In Michigan, either spouse can seek spousal support from the other. If they can demonstrate a need for the support and the other party is able to afford it, then the court is likely to offer alimony.

There’s also the issue of asset division. In Michigan, the only assets to be divided in a divorce are assets obtained during the marriage. The same is true of debts. Although this seems straightforward, it truly can be complex. 401ks and other financial investments are difficult to distribute. With a median household income of $76,637, Farmington Hills couples are likely to have multiple asset types totalling very high values, ultimately complicating the divorce proceedings for both sides.

Family Law FAQ

Check out our family law FAQ for answers to your questions.

What Are the Grounds for a Divorce?

As a no-fault state, Michigan has very few requirements for a divorce. You must have been a resident of the state for at least 180 days. Additionally, there must have been a breakdown of the marriage and no chance of the marriage being resolved. Unlike some other states, you do not need to prove fault.

How Long is the Divorce Process?

The divorce process can take weeks, months, or even years to resolve. Typically, simple and amicable divorces can be resolved in a short period of time. If you and your spouse are on the same page, you can simply discuss the issues, put them on paper, and finalize the divorce decree.

However, most people are getting a divorce because they can’t agree on one or more specific issues. In fact, some couples can’t be in the same room together. In this case, a divorce is likely to take many months because it not only takes time to set a trial date but leading up to that point opposing counsel will need time to fact find and speak with one another about the case. Due to this consistent dealing with one another, resolutions sometimes can be made, ultimately not needing to go on trial after all.

If you want to learn more about how long your case may take, you should speak with a family law attorney in Farmington Hills, MI. While they can’t guarantee to resolve your case in a certain amount of time, they can work towards resolving it as quickly as possible and to your benefit.

Do I Need a Lawyer?

Many family law cases can be resolved without a lawyer. But that doesn’t mean they should be resolved without one. Without an attorney by your side, you could end up with an unfair agreement.

For instance, you might not receive the alimony you deserve or a custody case could leave you with limited time with your child. You need to fight to get the best agreement for you and your child.

What Types of Family Law Cases Does Ash & Ash Legal Group Handle?

Ash & Ash Legal Group has years of experience with all types of family law. We handle child custody, child support, alimony, divorce, and many others. Whether you are just starting to explore the idea of a divorce or you are already months into the process, you can contact us for help. We not only have years of experience devoted primarily to family law but we have a thorough understanding of the family courts and judges in Oakland County along with dealings with many other family lawyers as opposing counsel.

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