You’ve been in trouble before. You’re pursuing custody. You reflect on the question, will my criminal sexual record impact my custody case? Yes, in a nutshell. Will the other parent have more rights than you? Possibly not. Your specific legal problem might be the only one in the world. The court will consider your position in the overall context of your child’s best interests. The protection of the child will be the court’s top priority.

Click here to watch the video Will My Criminal Sexual Record Impact My Custody Matter in Michigan?

Child Protective Services may remove your children from your home if you are charged with a sex crime in addition to facing harsh criminal penalties like jail time and fines. If found guilty of abusing children, you risk losing your parental rights and the right to raise your children with you. If you have been accused of abusing children, Michigan Child Protective Services will look into the matter quickly. If they find evidence of abuse or neglect, they may remove the children from your care and give them to foster parents or another parent.

What Does a Criminal Sexual Conduct Mean in Michigan?

About 463,634 victims of sexual assault who are 12 or older are reported each year in the US. Any non-consensual sexual activity is considered sexual assault. It includes forcibly engaging in oral sex, unwanted sexual penetration, or fondling or caressing someone intimately without their consent.

The easiest way to describe non-consensual sex is to engage in sexual behavior with another person, regardless of gender, that person did not consent to. It is possible to communicate in a variety of ways, verbal and non-verbal, and tell whether an experience was consenting or not.

Criminal sexual conduct is the umbrella phrase used to describe all sex offenses in Michigan. Violations like rape, child molestation, indecent exposure, lewd behavior, and child pornography are all considered to be crimes of criminal sexual conduct or CSC. The severity of the offense determines which of the four CSC degrees these sex offenses fall under.

Criminal sexual conduct in the first degree or criminal sexual conduct in the third degree is typically used to describe crimes involving sexual penetration. On the other hand, crimes involving inappropriate or offensive touching are either considered criminal sexual conduct in the second or fourth degree.

CSC 1st Degree is one of the most serious accusations of criminal sexual conduct. A sentence of 25 years to life in prison is possible for two of the four degrees. The obligatory minimum sentence for these same serious felonies, which include some first-degree CSC charges, is 25 years in jail.

The first-degree CSC law in Michigan states that you could be jailed for a maximum penalty of life in prison; additional penalties, including lifetime electronic monitoring and reporting to the sex offender’s register (SORA) for those released on parole later. Most frequently, this would be a tether or an ankle bracelet.

First-degree criminal sexual conduct is frequently referred to in Michigan as “rape,” “sexual assault,” or other similar terms. A person in a position of power who oversees or oversees a detention facility is not permitted to engage in sexual activity in connection with certain “relationship”-related sex crimes, according to Michigan law like child rape or molestation of a child.

What Will a CSC Record Mean in My Child Custody Case?

In general, a felony conviction already implies serious prison time, but a CSC carries a whole set of consequences, including some specifically affecting your child custody case.

Consequences of a first-degree criminal sexual conduct conviction may include:

[ 1 ]  Twenty-five years in prison or life in prison;

[ 2 ]  The person is then subjected to electronic surveillance following their release from prison, which might last a lifetime;

[ 3 ]  When the offender is financially capable, criminal court fines and associated court fees may be part of the sentence;

[ 4 ]  The creation of a permanent “record” in the sex offenders register can bring on undesirable outcomes:

• (a)  The loss of existing work and numerous future job types;
• (b)  The likelihood that you may lose custody of your children, and all visits will be under strict supervision;
• (c)  Limit where you can live in accordance with laws of Michigan and other states (for instance, not close to schools);
• (d)  Being prohibited from continuing in certain professions, such as teaching, being an attorney, a medical professional, and several other professions (such as a pharmacy), due to the major offense;
• (e)  Being prevented from visiting other countries;
• (f)  Upon completion of incarceration, anyone in the United States with any type of immigration status will likely be deported.

Your record alone will open you to false sexual abuse accusations, and regardless of their seriousness will be investigated with uniform thoroughness by Child Protective Services or CPS.

A CPS investigation will be initiated in response to allegations of sexual abuse or sexual exploitation with the goal of identifying any cases of child abuse, chronic or severe neglect, abandonment, or other problems. However, these inquiries are frequently made fast, and the investigators may already be convinced you are guilty. As a result, your family may be subjected to unwarranted restrictions or the unjust termination of your parental rights.

Furthermore, CPS can seek to remove your parental rights based solely on the allegations of sex crimes you are facing, without having to show any evidence of real abuse or even witness it. CPS will bring legal action against you if you don’t cooperate. Even if you win, you can still be subject to conditions and restrictions that could have a negative impact on your family.

What Are My Chances of Getting Child Custody if I Have a CSC record?

Your chances of getting child custody will really depend on the most recent development about your conviction and the seriousness of the transgression leading to the CSC record.

Judges are required to put the child’s best interests first when making decisions about custody and visitation. And it’s a very widely held belief children are best served when both parents are actively involved in their lives. Judges work to do that in the best way they can. It still holds true whether a parent has a criminal record.

The true difficulty is the type of crime committed, including when it happened, because the term “convicted felon” encompasses a wide range of offenses. And this is where using common sense is going to be a lot helpful.

Be aware some offenses almost always result in a judge denying the offending parent any type of custody. A state’s legislation will often address this problem. Domestic violence against the other parent or the child, sexual assault against the other parent or the child, and any other forms of child abuse are examples of these types of crimes.

If the crime committed doesn’t show behavior that might threaten the child, a judge is more likely to permit criminal offenders to participate in the lives of their children. A theft that occurred ten years ago, for instance, without any future violations by the parent, is probably not going to have a big effect on a custody dispute. But a history of violence would surely, especially if there were recent episodes of such violence.

In general, the chance a violating parent will be granted joint custody increases the lesser the offense and the further in the past it happened. In fact, it’s feasible for the guilty parent to win sole legal and/or physical custody, depending on the other parent’s parenting style and history. 

Just keep in mind that the judge’s judgment will be influenced by the particular facts of each case, with an emphasis on the child’s best interests.

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What custody schedule is best for a child? There truly isn’t a law or guideline that specifies the ideal child custody arrangement. The ideal custody arrangement for any parent’s child cannot be determined by any absolute law. In fact, it is presumed parents would like to spend more time with their children.

Click here to watch the video What Custody Schedule Is Best for a Child?

The needs of the child, the child’s school schedule, and the parents’ work schedules are given greater importance by the court. The custody arrangement will be decided as equitably as feasible, but more important than being fair to the parents, it will be decided in a way that is fair, equitable, and age-appropriate for the child.

Every family is unique, thus some families or their children’s schedules may or may not work. Always keep in mind that the best course of action for the parents may not always be the best course of action for the children.

Older children may be more interested in having stability for weeks at a time without moving places, whilst younger children may prefer more frequent interaction with their parents. Since younger children may bond with one parent more strongly than the other, it may be ideal for the child to spend more time with one parent while still young until the child becomes older and starts spending more time with the other parent.

Is There a Guide for Determining the Best Custody Schedule?

Following a divorce or custody decision, it is typical for one parent to be given primary physical custody of the children, while the other is given reasonable parenting time. 

The child has the right to live with the parent who has been given physical custody. Nevertheless, regardless of living arrangements, the non-custodial parent typically maintains legal custody of the children, enabling them to participate in important life decisions. Because one parent provides the majority of the care, the other parent cannot be excluded.

In Michigan, a child’s custodial parent is the one with whom they spend most of their overnights each year. This criterion is comparable to the one used by the Internal Revenue Service to establish a person’s eligibility to file taxes as a dependent.

There are two different types of custody: physical custody and legal custody. However, the term “physical custody” is no longer frequently used, most likely because of political correctness issues. Nobody genuinely has “physical custody” of a child, after all. According to Michigan law, the terms “physical custody” and “custodial parent” are now synonymous.

Most frequently, when individuals talk about a regular holiday custody schedule, they are referring to the FOC’s (Friend of the Court) usual holiday schedule.

The State of Michigan, Macomb County, and numerous other counties set guidelines for parenting time. These suggestions’ “best practices” apply to every situation, including regular weekday and weekend routines, holidays, school breaks, and other special occasions.

What Is the Best Custody Schedule for Your Child?

A parenting plan must include a custody schedule. We found that making decisions with the children’s interests at heart helped us make the best choices. We were able to negotiate the complex world of custody schedule because of that perspective. Custody schedules, however, can be a daunting process because every family is unique.

Planning Schedules Based on the Child’s Needs

Though it is considerably more typical for modern families than it was for earlier generations to split custody equally, it might not be the best arrangement for your family. It’s ideal to emphasize that a variety of factors can affect how your custody is shared and that it might change over time. Some considerations to think about are as follows:

[ a ]  Your children’s ages

[ b ]  The degree of cooperation you have with the other parent.

[ c ]  Your determination to maintain a regular timetable rather than being flexible

The best custody schedule should be any schedule designed from the perspective of the child, and not the parent. When taking this perspective in planning the custody schedule, both parents must consider the following:

[ a ]  Giving the parents “breaks” while maintaining contact with each parent at least once every few days.

[ b ]  Consistency and predictability.

[ c ]  The needs of the child’s growth are taken into consideration. For example, shorter, more frequent blocks of parental time may be most effective for newborns on a nursing schedule. The parents might arrange for the sharing of breast milk.

[ d ]  When both parents previously took care of the child’s daily requirements, either jointly or individually, during nighttime parenting time.

[ e ]  When a parent has not consistently cared for the child or is not at ease caring for the child, consider a “graduated schedule,” with less parenting time initially and increasing the frequency and duration of parenting time when parenting milestones are achieved.

[  f  ]  When parents are far apart, parenting time should be organized as frequently as necessary. Parents may have to travel for parenting time.

[ g ]  The opportunity for both parents to accompany the child to special occasions like birthdays, religious holidays, and doctor’s appointments.

[ h ]  A prolonged parenting time schedule as the child becomes older, could entail longer periods, such as numerous back-to-back overnights.

Using Full Weeks for Custody Schedules

These full-week custody plans should be taken into consideration when children are younger or when parents don’t live close enough to one another to allow for frequent transfers.

Alternating Weeks: Also known as “week on, week off,” this custody arrangement has children spend a full week with one parent before spending the following full week with the other. Parents can select, for example, what day the week begins and finishes on Sunday through Saturday and what time the children are transferred to the other parent. This custody plan prevents a lot of midweek moves.

Two Weeks Each: Children stay with the custodial parents for two weeks at a time rather than switching every other week. The two-week intervals may be too long for more minor children, but it lessens the number of times kids have to move from house to house. To make vacationing easier, some parents would only follow this plan during the summer.

Using Midweek Transfers in Custody Schedules

For children, a week without one parent can be too long. In these situations, breaking up the week is a good idea. You should be aware that these schedules divide custody equally over the course of two weeks. 

One parent will have more days during the first week, while the other parent will have more days during the second week. However, the total number of custody days for each parent is equal at the end of the two-week term. There are various ways to fairly divide the weeks.

These numbers indicate how many days each parent will have. Formula 3-4-4-3 means Parent One has 3 days, followed by Parent Two’s 4 days, Parent One’s 4 days, and Parent Two’s 3 days.  The schedules then reset.

3-4-4-3

Parents always have the same three days of the week in a row with this plan, while the fourth day alternates back and forth. One parent might get Monday through Wednesday off, while the other parent would have Friday through Sunday. Thursday switches sides every so often. You should be aware that weekends are not alternated in this plan unless you decide to make a Saturday or Sunday the day that switches.

5-2-2-5

Try this schedule if you would rather alternate full weekends with the children. Each parent has custody of their child on the same two consecutive days of the week, either Monday and Tuesday or Wednesday and Thursday, according to this timetable. Each parent spends the weekend in turn.

2-2-3

Try the 2-2-3 custody arrangement if you want your children to switch between their parents as frequently as you can without doing it every other day. Parent Two is in charge of the children for the following two days of the week after Parent One for two. The children spend the next three days with Parent One. The timetables switch the following week, giving Parent Two two days, Parent One two days, and Parent Two three days.

Holiday Custody Schedules

The suggested parenting time schedules offered by Macomb County offer a variety of options for dividing the holiday time a kid spends with each parent. In addition to prescribing that a child spends Mother’s Day weekend with the mother and Father’s Day weekend with the father, the suggestions indicate that parents divide up the following eight well-known holidays:

[ a ]  Labor Day

[ b ]  Memorial Day

[ c ]  Fourth of July

[ d ]  Halloween

[ e ]  Thanksgiving

[ f  ]  Easter Sunday

[ g ]  Christmas Eve

[ h ]  Christmas Day

Four of the eighth annual holidays, with the holidays alternating each year, should be used by both parents to spend time with their children. The Fourth of July, Halloween, Thanksgiving Day, and Christmas Day will all be spent with the mother if the child spends Labor Day, Christmas Eve, Memorial Day, and Easter Sunday with their father.

Additionally, during winter and summer breaks, parents may swap breaks. The present General Parenting Time Schedule of the 16th Judicial Circuit Court is a notable example. We posted an article about holiday custody schedules entitled, “How Do You Split Holidays When Co-parenting In Michigan?” where we suggested holiday schedules you can use.

Flexible custody plans are essential to success. Making sure children have a regular phone or video chat contact with the non-custodial parent can lessen their loneliness. When you prioritize the needs of the children, it’s a good idea to observe how the children respond to absences and then modify the schedule as necessary.

Make sure you keep an eye on your children to see if the custody arrangement is genuinely beneficial to them.

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Can a parent deny parenting time? Should it be just a Michigan court deciding this? Should and can sometimes have very different meanings. Can you refuse parenting time? Perhaps you can. Should you refuse parental leave? No lawyer will ever suggest you disobey a court order, such as a parenting time order.

Click here to watch the video Can a Parent Deny Parenting Time, or Should It Be Up to Michigan Court Only?

You can’t actually just decide to refuse the other parent the scheduled visits when a parenting time order specifies those days in a week for visitation. The court has the authority to determine and alter parenting time. There are repercussions for breaking a parenting time order’s specified visitation schedule. If you do refuse parenting time, be sure your justifications will be accepted by the court.

What is Parenting Time in Michigan?

The time a child spends with each parent when parents do not reside in the same home is referred to as parenting time in Michigan. In most cases, the parent with sole physical custody has more time with the child than the other parent and enjoys a significant amount of parenting time. 

Parenting time is frequently equal or almost equal when partners share joint physical custody, this is not a requirement.

In a divorce, custody dispute, or other family court issue, a custody and parenting time order may be entered. Parenting time and custody arrangements have a significant impact on your children’s living arrangements, frequency of visits with each parent, and decision-makers for them.

“Reasonable parenting time” is when parents work out their parenting time as they go, without a set plan, and is an option that can be allowed instead of defined dates and times for parenting time. You must submit a request to the judge asking him or her to settle any disputes regarding acceptable parenting time.

A precise schedule exists if you have designated parenting time. You may be able to decide on a parenting time schedule if you feel at ease discussing it with the other parent of your child. You might obtain a court-ordered timetable in place of one you can’t agree on.

What Is the Legal Basis for Parenting Time?

Sections 722.21–722.31 of the Child Custody Act of 1970 (Act 91 of 1970) define and outline parental and child rights. The Act addresses many different topics, including guardianship custodial information, parenting time, and grandparenting time. The Child Custody Act also contains very strong provisions against child abuse.

Simply put, Michigan’s child custody statutes make it challenging to grant the other parent custody if there is an established custodial environment with one parent. The court aims to avoid upsetting changes if the child relies on one parent for parental comfort, advice, and punishment as well as for basic needs. 

Unless there is definite and convincing proof that something has to change. The burden of proof is a preponderance of the evidence, which is significantly simpler to show if there is an established custodial environment with both parents.

Parenting time is defined in a court order based on the Child Custody Act of 1970 (Act 91 of 1970), specifically Michigan Compiled Laws (MCL) 722.27a. 

The 12 Best interest considerations are listed in Michigan Compiled Laws section 722.23 and are taken into account by courts when determining custody and parenting time arrangements.

The “best interests of the child” are defined by Michigan’s child custody laws as the sum of a set of considerations, assessments, and rulings by the court.

In general, children have the right to spend time with both of their parents. Unless there is compelling information that would persuade the judge that it would endanger the child’s physical, mental, or emotional health, they are entitled to parenting time.

To further ensure proper implementation of the law, a set of guidelines were put together for this purpose.

Your ally in ensuring that parenting time is applied properly is the Friend of the Court. The Michigan Supreme Court’s State Court Administrative Office is required by MCL 552.519 to provide publications that will assist each friend of the court office in carrying out its functions.

The previous Michigan Parenting Time Guideline was published in 2000 with the intention of educating members of the public as well as professionals, such as court officials who help parents create parenting time schedules. The Michigan Parenting Time Guidelines’ most current revision was only released in March 2022.

Who Can Mandate or Modify Parenting Time?

The Michigan Supreme Court’s enforcement of the Child Custody Act of 1970 (Act 91 of 1970) is carried out by the family court in each Michigan County. The family court in the state of Michigan is called Circuit Court.

Each County has a Friend of the Court (FOC) to assist the Family Court. The FOC will typically examine custody and parenting time concerns and provide guidance. The FOC frequently makes recommendations about choices including custody, parenting time, and child support.

If the parties cannot agree, the judge will determine the amount and nature of each party’s parenting time. Judges decide parenting time by taking the child’s best interests into account, much like they do when deciding on custody. The parenting time variables can also be used by the judge to determine how often each parent receives parenting time, how long visits last, and whether parenting time needs to be supervised.

A parent may be given supervised parenting time or no parenting time at all if the judge finds that they are a danger to the child. This might occur, for instance, if a parent is likely to:

[ a ]  Abuse the child sexually or physically

[ b ]  Fail to look after and provide for the child

[ c ]  Put the child in danger by abusing drugs or alcohol

[ d ]  Put the kid in danger of getting hurt in some other way

Michigan state statutes have given the courts the mandate to ensure parenting time is properly enforced and ensure parents follow the parenting time order entered by the court.

If the parents are unable to come to an agreement, an inquiry might be started to learn more about what really occurs during parenting time.

The FOC may be asked to conduct a custody and/or parenting time investigation, also known as an evaluation, and to produce a recommendation in the child’s best interests at the judge’s request. It is required to carry out court-ordered parenting time and custody arrangements when the office receives a valid written complaint. These offices may respond by using the enforcement of parenting.

Can a parent deny parenting time? The answer is you cannot. Should it be up to a Michigan court only? Absolutely yes.

If you want a clear guide on how you can really go about your parenting time, read our article “How to Establish a Visitation Schedule Hassle-Free in Michigan?”

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It appears that your ex earns more money than you do. If your ex earns more than you do, you start to wonder what rights you have in a Michigan divorce. Even if your ex earns more money than you do, it might not matter. You are entitled to half of all assets that you deem to be marital in the event of a divorce. 

Click here to watch the video What Am I Entitled to in a Michigan Divorce if My Ex Makes More Than Me?

In the state of Michigan, each spouse is eligible for a half-share of all assets accumulated during the marriage. Child and spousal support will be more influenced by who makes more money than who. The amount of child support or spousal support will be determined and determined using a formula by the court.

What Are the Usual Financial Issues in a Divorce?

You are not alone if you are getting ready for a divorce in Michigan. The Michigan Department of Health & Human Services or MDHHS reported that about 20,000 marriages end in divorce each year in the state. Divorce is challenging. Divorce-related financial concerns can be particularly difficult.

Marital Assets

You and your spouse must agree on who gets to keep what as part of the divorce process. One of the most controversial components of a divorce case is frequently the division of property. The property and assets of a divorcing marriage are distributed “equitably” in Michigan. To be clear, this indicates that a 50/50 split is not legally required, even though it is possible. The marital property will be distributed fairly.

Common property is not recognized in Michigan. In Michigan, the “equitable distribution” principle is used to divide marital property. In states with community property, asset distribution is meant to be as equal or as close to a 50/50 split as is reasonably possible. Equitable distribution is the division of property in accordance with an assessment of what is fair in each circumstance.

When a couple files for divorce in a state that has community property rules, the court must split the marital estate equally. In states with equitable distribution, judges are free to deviate from a 50/50 division. Though Michigan is an equitable distribution state, the courts normally distribute assets fairly and equally.

Marital Debts

Debts and liabilities in a divorce in Michigan must also be shared, just like property and assets. Debt division can lead to disagreement. According to Michigan law, dividing a debt “equitably” is the same as dividing marital property. Either the spouses will receive an equal allocation of the debt or there will be an unequal distribution.

In Michigan, the following factors are taken into consideration when dividing a couple’s debt:

[ a]  How the Debt Got Incurred. When one spouse has a gambling habit that resulted in debt, for example, some debts may be distributed exclusively to the person who incurred them.

[ b ]  Why the Debt Came About: Sometimes the cause of the debt is taken into consideration, such as when it was incurred during an affair.

[ c ]  Your Capacity to Pay the Debt: The court considers the income and potential earning capacity of each spouse to make sure that no one is given an undue burden.

[ d ]  Where the Asset Is Going: If the family automobile goes to one spouse, it’s likely that the debt from the car loan will go with them as well, in order to maintain a fair property division.

Child Support

Child support is frequently paid by the non-custodial parent to assist defray some of the costs associated with raising the child. These expenses may involve the cost of housing, clothing, and food. Furthermore, expenses for things like healthcare, transportation, and education are covered through child support.

These costs must be split evenly between the parents if custody is shared. This suggests that the expense of raising a child is shared by both parents. You can still be obligated to pay child support even if you earn more money or have fewer expenses than the other parent. Child support payments are based on a number of factors, including your income, how much time each parent spends with the kids, and how much it will cost to raise the children.

You are required to pay child support if your child lives with you less than half the time. In general, if a child resides with one parent for more than 50% of the time, the other parent is not required to pay child support.

Child support calculations will use each parent’s income to determine who will be responsible for paying child support and how much they will pay in a shared custody arrangement with 50/50 custody.

Spousal Support

Spousal support or alimony is intended to give financial stability to a spouse who earns less than their partner. Judges consider a number of factors for determining alimony, such as the behavior of the parties while they were still married, their separate career histories, and more.

The amount of alimony is determined by taking into account the duration of the marriage, the difference in income, and any discretionary income. Gender is not taken into account while determining alimony. A man might be granted alimony. Yes, Michigan does have that position. You can talk about alimony if your marriage has lasted at least 25 to 30 years. The court is more likely to consider alimony in a lengthy marriage than in a short one.

In order to receive alimony, one spouse must be in financial need and the other must be able to pay it. The standard of living that was established for both partners during the marriage, its length, both partners’ potential earnings after the divorce, and the amount of time the dependent partner will need to complete their education or acquire a job-related credential in order to maintain their standard of living will also be taken into account by the judge.

The needs and financial capacity of each spouse will also be taken into account, as well as the estates and property of both partners. Following a divorce, men and women now have equal rights to spousal assistance under the 1979 Supreme Court decision, but only while they are making efforts to become self-sufficient. Few men request alimony; instead, most prefer a one-time payment from the woman if she is significantly wealthier.

When Does Income Matter in a Divorce?

In a divorce, income is most relevant in the determination of child and spousal support (alimony). Since both child and spousal support depends on a continuing and changing financial obligation it cannot be based on the value of assets but more on the sources of income.

For the court to be able to determine an equitable amount for child and spousal support, it will depend on the accuracy and truthfulness of information gathered during the discovery process. Disclosure of financial information from both spouses is critical for the determination of a fair amount for both spousal and child support.

When one spouse is primarily in charge of the household finances, the other spouse faces a disadvantage and must invest more time and energy in order to identify all of the assets that are subject to division in a divorce case. Major revisions to the Michigan Court Rules were adopted by the Michigan Supreme Court and took effect on January 1, 2020. The changes were made in an effort to speed up and simplify the exchange of information in divorce cases and to ensure that both spouses make a complete financial disclosure at the very beginning of the court process.

To use the child support calculation, you must know the net incomes of both parents as well as how much time each parent spends with the child. To calculate net income, all gross income is subtracted from particular adjustments and deductions for alimony received, income taxes, and additional payments and premiums made.

Your gross income includes your wage, earnings, commissions, overtime pay, and bonuses. Any royalties, tips, dividends, military specialty pay, and, if they happen frequently enough, winnings from gambling are also included.

Unlike in child support where there is a Michigan Child Support Formula Manual, spousal support or alimony is determined on a case-to-case basis.

What Am I Entitled to in a Divorce?

So when you really look at all those mentioned, marital assets, marital debts, child support, and spousal support (alimony) there’s only one aspect of divorce clearly disclosing what you are entitled to. It’s marital assets. And you are entitled to whatever the outcome of the property division which is 50% or half of whatever assets you accumulated in your marriage. Of course with the asset comes the debt that made the acquisition of the asset possible. Clearly, you deserve half of anything you created, earned, and accumulated during your marriage.

What kind of assets or properties are we looking at? Where looking at the marital home, pension or retirement plans, and business as examples. Although the statutes are clear about the 50/50 split in marital assets, circumstances may change the proportions of this division.

If you and your spouse cannot agree on how to divide your assets, the judge will make the decision. Courts in Michigan are required to divide property fairly. Fair, in general, means everyone gets about half of everything. However, a judge may decide to split marital property differently in other situations that are equitable.

Your property may be divided unequally if one spouse was more to blame for the divorce or if that spouse demanded more assets. Sometimes one partner will amass more marital assets while the other will amass more marital debt.

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How will the court decide who will have physical custody?  There may be a sense in Michigan that parents who act out run the risk of losing custody. Ex-spouses might try to exploit these events as leverage in a custody dispute. In child custody cases, the court rarely bases its decision on singular acts or behaviors. 

Click here to watch the video How Will the Court Determine Who Gets Physical Custody in Michigan?

The custody of the children is decided by the courts based on a set of twelve factors. The twelve best interest factors serve as a guide for the court as it examines the evidence put out by the two opposing parties who are vying for custody of their children.

The rights and obligations of both parents towards their child can be established by a court proceeding of a specific type, known as a custody case. Parenting time, child support, and custody are all included in this. The child’s residence and decision-making are determined by the person who has custody.

What is the Distinction Between Legal and Physical Custody?

There are legal standards for judges to follow in establishing what is in the best interests of the kid, which is a broad definition used in Michigan to determine custody. Often, if the court is on board, parents can come up with their own plan, and the judge will approve it.

On occasion, the court will have to establish the specifics of the custody arrangement in a difficult child custody case. Both physical and legal custody are recognized by Michigan courts. A judge may appoint single or shared custody for either kind of custody.

Let’s point out the distinction between legal and physical custody because it will give context to the significance of getting physical custody.

Legal Custody

The decision-making for the child is referred to as legal custody. A parent who has legal custody is in charge of making choices for their child in relation to issues like school enrollment, medical care, extracurricular activity involvement, and even religious upbringing. Keep in mind the phrase “sole custody” is not clearly defined by law. According to the Michigan Custody Guidelines, a parent is said to have sole custody if they receive both primary physical and primary legal custody.

When parents share legal custody, they can collaborate to make decisions that have a big impact on the child’s welfare. The quantity of time the child spends with each parent has no bearing on joint custody. If a choice is contested, however, the court may decide to give one parent primary legal custody over the other. This might occur, for instance, if both parents are devout believers in their own religions but belong to different denominations.

Physical Custody

In Michigan, physical custody refers to the child’s residence. If the court determines it to be in the child’s best interests, a parent may be given primary custody. A number of factors, such as involvement in the local community and families, may also be taken into account. The other parent may be given “parenting time” even though one parent may have primary custody.

Both parents may share custody, but it can also be sole or joint. Parents who share custody are said to have joint custody. When parents share legal custody, they must collaborate to make crucial choices for the children. The children live with each parent occasionally if the parents have joint physical custody.

Joint custody would give both parents equal access to the child while maintaining a set schedule. For instance, one parent might be responsible for the child’s care during the academic year while the other is in charge during the summer. Alternating holidays, birthdays, and other significant anniversaries can also be arranged.

The court must take into account joint custody requests from either parent. Unless it is established that joint custody is not in the best interests of the child, the judge must grant joint custody if both parents consent to it. This decision’s justification must be stated in writing.

The length of time the child will spend living with each parent will often be specified in the court order if the judge grants shared physical custody. The court order may stipulate the parents share physical custody so their children can see both of them. When a child lives with one parent, that parent makes all routine and important decisions involving the child.

Even if there may be a joint custody arrangement, if joint legal custody is not granted, significant decisions may still fall under the jurisdiction of one parent. Physical and legal custody arrangements can be made jointly or individually.

What is an Established Custodial Environment? What is its Impact on the Determination of Physical Custody of the Child?

In order to establish a custodial environment, the child must have a relationship with a parent or another adult that has lasted for an “appreciable” amount of time. In this relationship, the child looks to the custodian for support and guidance as well as for discipline and instruction. The custodian must also meet the child’s needs and provide “parental comfort.”

The law generally states child custody arrangements should not change. As a result, the judge will always inquire as to whether the child has an Established Custodial Environment (ECE)  with either one or both parents. If so, it would require more proof for a judge to alter the current situation.

When deciding whether there is an ECE, the judge takes into account the child’s life.  Does the child, for instance, turn to one (or both) of the parents for love and adoration, as well as for food, shelter, and other necessities? Is the child old enough to have spent a substantial amount of time in the current situation?

Even if a parent may have custody, it does not mean the child only seeks the parent for parental comfort, advice, and the administration of discipline. It should be highlighted that since they have given the child direction, discipline, basic necessities, and parental comfort, both parents may have created custodial situations with the child.

If the judge rules there is an ECE, the party seeking to change it must demonstrate with clear and persuasive evidence the change is in the child’s best interests.

If the judge rules there is no ECE, the winning party will be the one who can demonstrate, through a preponderance of the evidence, the proposed custody arrangement will be in the child’s best interests.

How Does the Court Determine Which Parent Gets Custody?

Parents are frequently able to reach an understanding of the custody and visitation schedules for their court order. They can come to an understanding on their own or with the assistance of the Friend of the Court (FOC).

What is the Role of the Friend of the Court in Child Custody?

When a judge is seeking to determine custody, most parents will contact the Friend of the Court office first. The completion of a custody assessment is one of the duties of the Friend of the Court. When there is a dispute regarding child custody or parenting time or both, and domestic relations mediation is refused by either parent or is unsuccessful, or if the court orders it, the law requires the Friend of the Court to investigate all pertinent facts and make a written report and recommendation to the parents and the court regarding child custody. The law further provides that, upon a party’s request, a meeting with the party shall be included in the investigation.

Understandably, parents experience worry and anxiety during the evaluation interview. The idea of having their parenting abilities assessed typically makes parents feel extremely apprehensive. In many cases, parents worry that they might “lose their children” as a result of the evaluation, which may make them feel more anxious.

The evaluator will frequently go over all of the requirements of the Child Custody Act during the conference unless any of the reasons are not in dispute by the parents. How do you show the child that you care about them? is an example of a question that an assessor might ask. How does the other parent show the child that they are loved and cared for?

To address every component of the Child Custody Act, the evaluator frequently asks questions that are similar to one another. The assessor may also ask additional questions in an effort to gather more information. The custody assessor uses the criteria in the Child Custody Act to collect information, draw general conclusions, and make recommendations to the judge.

What is the Role of the Family Court Judge in Child Custody?

The Friend of the Court does not make custody decisions; judges do. Judges may only accept suggestions for orders from Friends of the Court and domestic relations referees. The law stipulates that the judge’s judgment in custody disputes must be based on what is in the child’s best interests. When courts conduct custody hearings, they consider all the evidence offered about the Child Custody Act’s criteria in order to establish what is in the child’s best interests.

If the parents do not agree and want the court to approve a stipulation or consent order, a hearing must be held before the judge may make a judgment about custody. Judges will typically approve a stipulation or consent order if they independently decide it is in the child’s best interests. Before a stipulation or consent order becomes a court order, judges must accept, approve, and sign it based on their own findings.

The custody evaluation report that was completed by the Friend of the Court may be read by the judge prior to the hearing. These papers are typically examined by judges to better understand the circumstances of the family. The judge may hear testimony from witnesses during the custody hearing, including teachers, family friends, counselors, etc. Other evidence from school, local records, counseling reports, etc., may also be examined by the judge.

The children are frequently addressed by judges during custody hearings. In their chambers or the judge’s office, many judges speak to teenagers. Sometimes the parents’ attorneys are present when judges decide to address children in their chambers, and other times they are not. The judge’s conversation with the child may also be seen by a Friend of the Court custody assessor.

Who will be present when judges interview children is up to the judges. The judge must document the interview with the children. Judges merely need to note that the child’s option was taken into account without disclosing the specifics to the parents or their attorneys. The Child Custody Act’s other considerations do not outweigh the child’s preference. Judges merely take this into account as one factor.

Parents have the right to appeal a judge’s rulings if they don’t agree with them. A formal appeal is a request made to a higher court to have a judge’s ruling overturned. Domestic relations appeals are heard by the Michigan Court of Appeals. Without taking the matter up with a higher court, parents may ask the judge to reconsider a previous custody ruling.

Only in cases where there has been a meaningful change in the circumstances and the change in custody is in the child’s best interests may judges modify custody after concluding a custodial environment has been established. 

If there was no previously established custodial environment, it is not necessary for it to be persuasive and clear for the judge to change custody. It is crucial to understand that simply because a child resides with a parent, it does not imply that a formal custodial situation already exists.

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Regardless of the outcome, divorce is expensive. There are alternatives to reduce the cost of your divorce. It is the reason why individuals search for less expensive options when hiring an attorney. Although a less expensive choice might not result in the divorce you want, this does not stop people from looking for someone to take their case for less money. Communication is a legal expert’s specialty. Giving legal advice is communication.

Click here to watch the video on Ways to Save Money on Your Divorce in Michigan

The majority of your interactions with your attorney will be communication. You should use communication wisely if you want to cut costs on your divorce. You are not supposed to waste your attorney’s time on pointless conversations or chats. Call or talk to your attorney only if it has anything to do with your divorce case. You must ask yourself, are you willing to pay for the communication you’ll have with your attorney? Your bills will be lower the less you talk or discuss matters not pertinent to your divorce case.

How Should I Look at the Cost of Divorce?

The cost must be seen as relative. There’s no such thing as an absolutely cheap price and an absolutely high price to pay in a divorce. However you look at it, divorce will eventually boil down to avoiding the current pain and agony or choosing a better or less painful future. There are no absolutes as to what outcomes divorce can promise. It’s just a perspective, your perspective of the outcomes you want. It is also an opportunity to have better options. What you are eventually striving and paying for is an opportunity to start fresh.

Let’s say you got your divorce all for free but the judgment of divorce or the divorce agreement did not deliver the alimony you wanted, it did not provide for sufficient child support, and property division did not leave you much. Or, it can turn out worse for you. You got divorced alright. Now you’re facing child abuse charges. You are about to lose parental rights and probably face a prison sentence. What exactly did you save in the process?

Even the concept of saving money is relative. How exactly are you going to measure your savings against the outcome you want? Do you have a magic formula for translating your desired outcomes into dollars? How are you going to calculate the prospect of your quality of life after divorce? How are you going to translate peace of mind into dollars? How are you going to calculate the security and safety of your children? How much is your emotional and mental well-being worth? What portion of the future are you saving for?

Before even talking about savings, you must actually know how much is it going to cost you to get a divorce in Michigan.

What Is Driving the Cost of Divorce?

The cost of divorce is usually driven by three factors: the category of divorce, the existence of children, and the divorce process itself.

Category of Divorce

You don’t have to establish grounds for divorce in Michigan because it is a no-fault divorce state. But that does not imply that every divorce goes smoothly. In any divorce, key decisions about child custody, child support, property division, and alimony must be made by both you and your ex. Depending on how well you can negotiate these agreements, you will either have to proceed with a contested divorce or an uncontested divorce.

Contested Divorce

In a contentious divorce, the parties argue over the divorce’s terms. Couples may disagree over how to divide their assets or if one spouse needs to receive spousal support. Parental agreements on child support, visiting rights, and custody are occasionally in dispute.

A contested divorce may take months or years to resolve. Both sides cooperate while organizing the discovery process and the trial. If the parties are unable to come to an agreement through settlement negotiations or mediation, the court schedules a trial. At the trial, each side presents evidence and witnesses to support its position. The judge then makes a determination based on the arguments made in court and the applicable family court rules.

Uncontested Divorce

If both parties to the divorce agree to every aspect of it, it is deemed uncontested in Michigan. Their dispute does not involve any issues pertaining to property, children, or spousal support. If the parties cannot agree on any divorce-related terms, the divorce process becomes contentious. An uncontested divorce saves the couple time and money.

In an uncontested divorce, one spouse serves the other spouse with the divorce petition before submitting it to the court. The spouse who gets the divorce papers has the opportunity to respond, stating that they concur with all of the conditions stated therein and jointly requesting the court to grant the divorce in line with those conditions.

Divorce With or Without Minor Children

It will be specified as a DM-designated divorce or a DO-designated divorce when your divorce papers are actually filed.

DM stands for Designated Divorce, Minor Children.

All applications for divorce, separate maintenance, or annulment involving minor children. Additionally used in cases involving intrastate custody, maintenance, divorce, custody, and post-judgment transfers when there are young children.

DO is Divorce, No Children. 

Any and all requests for divorce, separate maintenance, or annulment in the absence of minor children When there are no young children involved, it is also used for intrastate transfers of post-judgment divorce complaints.

We need to make this point here because getting a contested divorce implies that you will have to deal with a lot more issues, such as property distribution and alimony. Talking about custody and parenting time during a divorce involving minor children will constitute a new category of cases separate from divorce.

In addition to court filing expenses, mediation fees, petition fees, process server fees, and the more motions and petitions filed, each case comprises a unique combination of attorney fees and per-hour serving costs.

Not only are there lots of types for each filing, but there are also numerous procedures to file, sign, stamp, and send these forms and papers. The other party normally receives copies of these documents, which results in further copy costs. As soon as your attorney’s billing arrives in the mail, you will receive a summary of these filings.

The Divorce Process in Michigan

It’s important to consider whether you should or shouldn’t file for divorce before beginning the divorce procedure. In order to file for divorce in Michigan, you must have lived in the county where the case is filed for at least 10 days and in Michigan for at least 180 days. A waiting period is also required before a divorce can be declared final. Couples without children must wait a minimum of 60 days, while those with children must hold off for 180 days.

After deciding to get a divorce, you may now begin the process.

The Filing of the Divorce Complaint

The first stage of a divorce is the filing of a complaint, which is an official legal document. The divorce complaint is submitted to the Circuit Court’s Family Division in the county where the parties reside, and a family court judge is chosen at random to preside over it. The one who files is known as the “Plaintiff,” and the other spouse is referred to as the “Defendant.”

The names “Plaintiff” and “Defendant” are unimportant. It’s neither good nor bad; these are merely the designations that the court gives to the parties who file and receive complaints. It denotes neither a benefit nor a drawback in the filing process.

From the date the complaint and summons are filed and served on the defendant, the defendant has 21 days (or 28 days if served by mail or outside of the state) to file an answer, either admitting or denying each allegation in the complaint.

The Defendant’s Filing of the Answers to the Divorce Complaint

In his or her response to the allegations in the complaint, the defendant states whether or not each claim is accurate. The replies are usually when any contentious topics start to come to light. The party who replies to the complaint will frequently also launch a counter-suit for divorce.

The case now becomes contested after this response is submitted to the court.

The Defendant’s Failure to Answer the Divorce Complaint

The defendant’s failure to provide an answer may result in the entry of a default judgment. The matter then progresses to an uncontested divorce. However, a defendant who has defaulted may decide to employ counsel and seek the court to overturn the default before the case is concluded.

Divorces, whether uncontested or contested, must first go through a final court hearing to determine whether the claims made in the complaint are accurate. Frequently, the plaintiff is the one who appears at the final court hearing. The defendant is not required to appear at this final hearing.

The Case in Discovery

As soon as the case begins, the lawyers decide which points are likely to be in dispute and obtain the necessary data through investigation and discovery. Depositions, which entail questioning a witness under oath, third-party subpoenas, interrogatories, which entail asking a party questions that they must answer under oath, requests for the other party to produce documents, and requests to admit, which ask the other party to concur that certain facts are true, are some of the different types of discovery.

Although it can be used for other purposes as well, discovery is frequently employed to gather information on assets and debts. One of these added objectives is information gathering in the event that one party is supposedly to blame for the divorce. Alcoholism, drug abuse, adultery, gambling, and desertion are just a few examples of wrongdoing. Discovery can be used to show this problem.

When necessary, lawyers routinely confer with and retain professionals like accountants, psychiatrists, and appraisers. Many of these experts are expensive. This may significantly increase your legal costs.

The Negotiations

After discovery is finished, the attorneys will discuss the client’s goals and begin settlement negotiations. Written settlement proposals are frequently sent back and forth between attorneys. The attorneys may also arrange a meeting of the parties and the attorneys to discuss as many topics as they can. This procedure, often known as an informal settlement meeting, is not handled by the court. If a settlement is reached, the parties may agree to its terms in writing and sign it.

Meeting the Friend of the Court

The parties may be required to attend an Early Intervention Conference with a Friend of the Court Referee when there are minor children involved in the divorce. This is followed by a course designed to help parents minimize the effects of divorce on their children. There can be a need for a particular curriculum depending on the county where the divorce is being heard.

The Waiting Period

If neither you nor your partner shares custody of any children, there is a 60-day waiting period before your divorce can be legally finalized. The waiting period begins the moment you apply for divorce, even if you and your husband were already living apart at the time. Your divorce can take far longer than 60 days if you and your spouse are unable to reach a consensus on every issue.

The parties may freely agree to proceed with mediation even before the case is filed or at any time during the waiting period. The court would typically order mediation in every instance unless there has been a history of domestic violence. In the event that the parties are unable to come to an agreement, the court will appoint a mediator.

Court Appearances

If the parties are unable to agree on a settlement, the court will set a trial date. Cases involving divorce are generally comparable to other trials. The parties and their counsel must attend to present testimony and evidence in support of each side’s contention. It can take a few hours or even days, depending on the situation. Following the trial, the Family Court Judge will provide an Opinion on the disputed issues, sometimes verbally from the bench and other times in writing. 

The Judge will then give one of the attorneys the task of drafting a divorce decree that contains all the conditions and provisions mentioned in the Judge’s Opinion.

Naturally, the Judge will not sign this ruling until all parties and their attorneys have seen it and concurred that it accurately expresses the judge’s opinion. When the Family Court Judge signs the divorce judgment, the divorce is said to be final. The problem with a trial is that the judge and the court may not be available.

Often, a trial will be scheduled with several other cases and kept on hold. The case may have been open for a year or more prior to the trial. The judge might have other cases or crises that were on his or her docket longer, so when the trial is held, it might take a while.

Keep in mind that as the trial goes on, the hourly cost of the attorneys’ fees will increase. This will make it challenging for your lawyer to determine how much it will cost to represent you. They are unable to predict the trial’s duration for a variety of reasons. One of these considerations is the judge’s time.

Final Divorce Judgment

The Judgment of Divorce is a formal court document stating your marriage has ended and outlines the terms of your divorce. The Judgment of Divorce is the official divorce decree that is legally binding. It renders judgments on a wide range of issues, including child support, property partition, support for the spouse, and custody and parenting time. The parties will have a chance to read the judgment, go over it with their attorney, and sign it before the court enters it. If there are any, there are separate orders for payments of spousal support and child support.

How Much Does Divorce Really Cost in Dollars?

Given that there are costs associated with the legal process, you must consider them in light of your desired result. Whether something is pricey or inexpensive actually depends on the result you’re going for. You should talk with your attorney about this outcome at the outset of the engagement. It is a decision that you should have thought about and made even before your initial consultation with your lawyer.

Hourly Service Fees and Retainers

The retainer and the hourly rate will likely be quoted if you have already inquired about legal fees.

Your retainer price could be as low as $275 or as high as $375 depending on the experience, knowledge, and reputation of the family law practice. These hourly rates may significantly increase as you move closer to heavily populated urban areas and commercial hubs. If you consider the entire US, the range will be broader, starting at a low of $200 and rising to a high of more than $400 per hour.

The cost of a retainer might run from $2,000 to $6,000. In the grand scheme of things, the range is less than $5000 to $7000. This could differ from state to state and from city to city.

In Michigan, lawyers frequently demand payment in the form of hourly rates, retainers, or contingency fees. The majority of lawyers bill by the hour because it safeguards them in the event that your matters take longer than expected to be resolved. Divorce attorneys typically charge between $100 and $500 per hour. 

Attorneys frequently demand a retainer, also known as an upfront fee. The retainer, which can be as little as $1,000 or as much as $10,000, is an advance payment for their hourly charges. The attorney will deduct money from that account each time they work on your case. Divorce attorneys may sometimes charge a fixed fee; this is common in uncontested divorces.

If your attorney wishes to charge a flat fee, make sure to ask what is included in that price upfront to avoid any unpleasant surprises later on in the case. Moreover, your attorney may bill you for additional services not previously discussed as part of the first fee. There may be fees for things like phone calls and travel time.

Costs can be influenced by many factors, as we have already explained. There are different fees associated with each stage of the divorce process and with issues like child custody and parenting time.

Court-Mandated Filing Fees

Updates to trial court fee schedules, which are published by the Department of Treasury in accordance with MCL 21.41 et seq., are now the responsibility of the State Court Administrative Office. MCL 141.421 et seq.

Other fee schedules published by the Department of Treasury cover topics including mileage charges for process serving, updates to accounting practices, and child care fund collection fees, among other things.

The cost of filing a lawsuit, as of the time this article was written, might be between $85 and $150. Fees include those for custody and parenting, support, friends of the court, arbitration, mediation, contempt for non-compliance with parenting time rules, punishments, etc.

According to the circuit court fee schedule, ancillary guardianship and conservatorship filing fees are $150, as well as other civil filing fees for cases filed in the family division. It is free to file a petition for a subpoena to testify outside of the state.

Those who cannot afford attorneys have the option of contacting the Friend of the Court for free services, however, they are often only available in child custody disputes.

Client-driven Costs

Clients may take actions that aren’t genuinely motivated by justice or the interests of everyone. It is mostly motivated by pride, rage, and jealousy, which feeds hostility among ex-spouses. This is what we refer to as “acrimonious battles.” At times the children’s representation was so inadequate the court had to hire another person, an expert, to represent the child. The parents will be responsible for paying the expert’s fees.

The valuation of assets in the property division is a factor in some costs. In these circumstances, costs might rise quickly and significantly.

What Do I Need to Do to Save Money on My Divorce?

It is never simple to get divorced. It’s particularly challenging to think about how much it costs to file for divorce in Michigan. Time, judicial procedures and internal law firm procedures are all constant considerations. Even your own client dynamics haven’t been considered yet. A minimal expense that includes retainers and appearance fees is what you can realistically expect.

At best is to manage what you can control in the divorce process so you can manage the costs as the case progresses. Here’s what you can control and what you can do for yourself:

Avoid confusing your divorce attorney with your therapist.

Divorces are very emotional events. Talking to your divorce lawyer can be quite reassuring because they are, or at the very least should be, solidly in your corner. If your attorney has handled multiple cases, they will be familiar with your side of the story, and it will be satisfying to speak with someone who recognizes the legitimacy of your viewpoint. You can develop a practice of phoning or emailing your divorce attorney frequently because it makes you feel better to do so, often each day. Occasionally multiple times per day.

You should avoid falling into this trap unless you have plenty of cash. Keep in mind that there is a time limit each time you contact your attorney. Consider it to be an extremely costly taxi ride. The moment you enter the taxi, the meter begins to run. The same logic holds true with family law attorneys. The meter starts to run as soon as you get on the phone with your attorney, and you start to be charged.

Keep in mind that the only service attorneys offer for sale are their time and advice. Divorce attorneys in Michigan earn a living in this manner. Just like doctors, accountants, architects, and engineers, attorneys make money by selling their time and advice.

This does not imply that you should never speak with your lawyer. On the contrary, if you require legal counsel on your case, you should speak with your divorce attorney. However, establish a list of the questions or concerns you want to share before you pick up the phone and give your list significant thought. Keep the dialogue brief and focus on these issues; don’t waste time complaining about how terrible the situation is.

Be aware of the written attorney fee agreement.

Nearly all seasoned and successful family law attorneys bill by the hour and want an upfront retainer or deposit at the start of each divorce case. In Michigan, divorce lawyers frequently charge modest retainer fees.

Until the deposited retainer is used up, fees and costs will be deducted from it; after that time, the client is typically responsible for any additional fees or costs incurred. The first retainer deposit is frequently replaced as it is being used up by leading divorce attorneys.

In the belief that they will save money, clients occasionally search for a family lawyer who will take their case for a flat fee. The issue with this structure is that the lawyer has no motivation to go above and beyond the minimum requirements. They both might be correct—the client frequently feels like his case is being overlooked, while the lawyer frequently thinks the client is trying to monopolize his time on purpose.

It is crucial that you have a formal fee agreement that clearly spells out the terms of the service before hiring a lawyer, whether on an hourly or flat fee basis. This covers things like the refund policy for any retainers, how frequently you’ll get statements, the lawyer’s hourly charges, etc. You should be aware of the minimal fees for correspondence via email, mail, and phone. Requesting a copy of this fee agreement is advisable. Make sure you do understand the terms and conditions of the fee agreement.

Don’t view your divorce as an opportunity to exact revenge on your spouse.

Judges have a very low tolerance for people who use the family courts to attempt and exact retribution on their partner. Clients are informed of this by competent attorneys with lots of expertise. In most divorce cases, the judge’s final ruling does not include a significant consideration of the issue of fault.

Judges disapprove of those who drag their spouse into court unnecessarily, try to punish the other spouse, or act with vengeance. Even though our courts are overworked and unable to deal with the emotional aspects of divorce, they are aware that going through a divorce may be a devastating event for the psyche.

Our courts are increasingly splitting up the assets and obligations from dissolutions of marriages in the same manner as they would with a dissolution of a corporation. 

If you want a therapist to help you get through this extremely tough emotional moment in your life, good lawyers can aid you in finding one. It is not appropriate to seek therapy in a judge’s chambers or an attorney’s office. You’re wasting your time and money by trying to interest courts and attorneys in the emotional aspects of divorce.

Speak the truth clearly and plainly.

The likelihood is that your attorney won’t be able to execute their job effectively if you don’t tell them the complete truth. Late in the divorce process or by accident, lawyers dislike learning new information. Both your time and their time would be foolishly wasted in that.

Every divorce attorney wants to be aware of both the positive and negative aspects of their client. All the details, expenses, assets, and other information pertaining to your case should be disclosed. Clients who are not completely honest with a family law attorney may incur excessive legal costs.

Do not waste dollars in order to save nickels.

This is crucial information. When it comes to choosing an attorney, people are frequently quite thrifty and believe they will save a lot of money by selecting a lawyer with a low flat rate or by selecting a less qualified but less expensive option. This is a tremendous error. In general, you get what you pay for. Cheap attorneys know their worth. Top-tier, seasoned attorneys recognize their worth as well. You would do well to recognize the importance of your own attorney by the conclusion of a divorce dispute.

The quickest possible resolution should be your aim. However, don’t go too quickly. Consult with your attorney about the timing. You will require an accomplished attorney who genuinely shares your goals and aspirations in order to accomplish this. The attorney will then use their knowledge and abilities to assist you in achieving that goal. But pay attention to the word “reasonable settlement”—not just any settlement, not just a quick resolution.

It is crucial that your attorney has the knowledge and conviction necessary to successfully present your case in court if the opposing party cannot be persuaded to resolve the dispute on reasonable terms.

When an attorney or law firm gives you an hourly quote, they are not discussing the whole cost. The attorney is only providing you with the hourly rate that will be used when they devote the necessary time to your case. Your attorney doesn’t truly know how much will be reflected in your billings because they aren’t sure how many hours they will need to put in until they begin working on the divorce case’s legal requirements.

So the best course of action is to speak with an attorney and have a vision of what you want to happen. After discussing your specific plan, bring up the subject of fees.

To get more information about legal fees and the cost of family law cases, you can read our article on, “What You Can Expect In Legal Fees & Cost For Your Family Law Case In Michigan?” where we pointed out important costs you should look out for in a divorce case.

Subscribe to our YouTube channel today for more advice on Family Law!

Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.

Does Michigan have a residency requirement for divorce? There is a residency requirement in Michigan. You must have lived in the county where you are filing for divorce for at least 10 days before filing, according to state rules. The general requirement is that you must have lived in Michigan for at least six months before filing for divorce.

Click here to watch the video Does Michigan Have a Residency Requirement for Divorce?

If you are filing from another state, there may be extenuating circumstances, such as a risk of domestic violence or abuse, but the Michigan judge is likely to uphold the general rule.

You must be a resident of the state in almost all cases before you can apply for divorce there. While the minimum amount of time necessary varies by state, most states require at least six months. You must provide evidence that you have lived in that state for the required period of time when you submit your divorce papers.

All other lingering matters, such as child custody, child support, and any modifications to these arrangements, are under the authority of whichever court administers the initial divorce settlement.

What Does Residency Mean?

The term “residency requirements” refers to how long you must live in a state before you can petition for divorce there. Having a residency in a state simply implies that you have been present in the state for a predetermined amount of time in the context of divorce. 

Your divorce action may be refused or dismissed if you are unable to claim and demonstrate that you (or your spouse) meet the residence requirement.

Before the court will accept your divorce case, some states just need you to meet residency requirements; however, other states also ask you to provide proof of your domicile inside the state. Domicile is a more difficult criterion to achieve since you must persuade the court that you intend to remain after the divorce.

Courts commonly define “domicile” as the place you perceive to be your permanent home and where you intend to return whenever you are away, such as when on vacation or a long business trip.

You may own more than one property or residence, but you may only have one domicile.

Courts frequently take into account things like where the person’s family members reside, where they vote, where they work, where their automobile is registered, and so forth.

The courts may have the power to grant the divorce but not to rule on remaining matters like property distribution and child custody if one spouse files for divorce in the state in which they reside but the other spouse has no presence there.

Why Are Courts Requiring Residency in Divorce Cases?

These residency requirements were put in place to stop “forum shopping,” which is when spouses file for divorce in another state to take advantage of more favorable divorce rules. The purpose of requiring a longer residency is to deter people who are just searching for a better divorce outcome.

Frustrated spouses in the past believed that relocating to a different state with more favorable divorce laws would provide them a competitive advantage in their divorce proceedings. Some parties looked for states where the courts were more likely to give custody to the father or places where the filing spouse would be forced to receive a more advantageous property settlement.

Family courts no longer permit “forum shopping” of this nature. Nearly all states’ divorce laws today provide that before the court will hear a divorce case, the parties must adhere to strict residency and domicile requirements.

In order to handle any issue, a court must have jurisdiction—or legal authority—over it, according to the law. Because of this, litigating parties must adhere to residency requirements before a court can render any important, case-related decisions.

If a court accepts a case without possessing the necessary jurisdiction, the judge will not be able to hear the case or render a divorce ruling. Even after the divorce has been granted finality by the court, the opposing party may ask for the case to be dismissed or appeal the judgment.

What Are the Divorce Residency Requirements in the State of Michigan?

In terms of who is qualified to apply for divorce, Michigan has its own laws. Every state defends its territory and ensures that the proper laws are enforced in appropriate cases. Make sure you satisfy the residence criteria for Michigan in order to avoid having your divorce case rejected. Believing they must file for divorce in the state where they were married is the most common error people make. Clearly, this is untrue. In the United States, the filing spouse’s county of residence is where the majority of divorce cases are filed.

In the state of Michigan, there are particular residency criteria that must be met by anyone seeking to dissolve their marriage. You must adhere to various state-specific requirements before submitting a divorce petition to the Michigan courts. The prerequisites for Michigan residency are as follows:

[ 1 ]  Before the court in this state would grant a divorce judgment, the complainant or defendant in a divorce case must have lived in this state for 180 days prior to filing the complaint, as well as for 10 days in the county where the complaint is filed.

[ 2 ]  Typically, the spouse seeking a divorce does it in their home county.

If you do not satisfy at least one of the aforementioned Michigan residence criteria, you have the following options:

[ a ]  Demonstrate Michigan residency for the aforementioned period of time. It is not necessary for you to wait before beginning the process of getting your documents.

[ b ]  Allow your partner to file the paperwork if they satisfy the residency requirements.

If you or your spouse are eligible in another state, choose that one. Always consider the alternative for the state where you got married because every state is unique.

If the divorce from your former spouse is still pending, you should consult a lawyer. Before beginning a new divorce case, all prior divorce cases must be dismissed.

If your spouse has never lived in Michigan, the judge’s decisions can be more limited. More specifically, even if the residence requirements are met, a Michigan court might not have the authority to decide on matters like child custody, child support, and parenting time.

A signed and dated lease or rental agreement, tax returns or property tax papers if you own your home yourself, employment records or a letter from your employer, or voter registration evidence would all be required if the court asked you to show proof of your residency. 

Military personnel stationed in Michigan must either designate Michigan their home of record after 180 days, which equates to 6 months and 10 days, or they must live there continuously.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.