Family law disputes are often difficult and emotional for everyone involved. Emotions range from anxiety and fear to hurt and frustration. We understand the many legal issues a family can face and offer knowledgeable and compassionate legal counsel to help you through the unique challenges you may encounter. We are able to provide counsel for various family law concerns, which include:
Experience Matters
Our most senior attorneys have decades of experience navigating through complex family law litigation matters. Our vast experience enables us to resolve cases short of trial upon the most favorable terms possible, where appropriate.
We are able to provide counsel for various family law concerns, which include:
Asset Division
Mediation
Child Custody
Modification of Prior Orders
Child Support
Paternity
Prenuptial Agreements
Divorce
Spousal Support
Guardianship
Visitation
Relocation - Change of Domicile
If you have questions regarding a family law issue, contacting a knowledgeable family law attorney can ensure that all your rights and interests are fully represented. We have prepared the following material to answer some general questions you may have; however, the information is not intended to answer specific questions regarding your particular case – each case is different.
The court considers the following factors in awarding alimony:
The past relations and conduct of the parties;
The length of the marriage;
The ability of the parties to work and their respective income;
The source and amount of property awarded to the parties;
The age of the parties;
The ability of the parties to pay spousal support;
The present situation of the parties;
The needs of the parties;
The health of the parties;
The prior standard of living of the parties and whether either is responsible for the support of others; and General principles of equity.
Sherbow Law is widely recognized for our successful record in Family Law Litigation. We partner with our clients to determine how they define success, and then find the optimal path to effective resolution of their Family Law dispute.
Legal Custody refers to the authority to make important decisions regarding the welfare of the child (for example, education, health, religion and much more). Physical Custody refers to a custodial environment where the child will live and the time each parent will spend with the child. In child custody disputes, a court must determine what is in the “best interest of the child.” the “best interest of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:
(a) The, love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
Child support is a phrase that refers to the amount of money one parent pays to the other to help support their common-children when the parents are not living together. All child support calculations must start by using a formula. The Michigan Child Support Formula (MCSF) computes the child support obligation based upon net income which refers to gross income minus all of the deductions allowed for the purpose of calculating child support. The formula also adjusts for split custody arrangements or orders which provide for the children spending a substantial number of overnights in each parent’s home. All child support orders must provide for child support in monthly amounts.
Michigan is a no-fault divorce state and the grounds for divorce are provided by statute as follows:
There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.That does not mean that fault is irrelevant and it may be relevant to specific issues including custody, spousal support, and property division.
First Steps In A Divorce
The first step in a divorce is to meet with a Michigan Divorce lawyer to learn about your options. This is a critical stage as many of the decisions that you make – at the beginning – will likely affect the outcome of your divorce. Once you have chosen a lawyer to represent you it is important at the initial meeting you bring with you your bank account statements, list of marital assets and debts, will or trusts, tax returns and employment statements.
Legal Process Of Divorce
The legal process for a divorce starts with the filing of a summons and complaint. The summons notifies the other spouse that a lawsuit has been filed and that he or she has 21 days to respond or a default may be taken. The Complaint states the general information about the parties and their children (if involved) the date of separation, grounds for divorce, a statement of property, and the type of relief that is
requested. A filing fee of around $150.00 dollars or $230 if children are involved is required. At this point an Ex Parte Order may be obtained for temporary custody, support and much more. A timely objection filed to an Ex Parte Order may negate the effectiveness of the Order until a hearing can be held. Obtaining an Ex Parte Order requires a motion and hearing and all motions require a $20.00 filing fee. Under Michigan law there is a waiting period of at least 60 days before a divorce will be granted or 180 days if children are involved.
After a party is served with a summons and complaint a response is filed also known as an Answer. This is a critical step and failing to properly file an answer may affect your legal rights. That is why if you have received a complaint for divorce, it is critical that you speak with a knowledgeable Michigan Divorce Attorney that can protect your legal rights by drafting and filing a proper answer.
After a party files an answer, a divorce case may be resolved in various ways: the parties could reach a settlement through mediation, trial or agreement by the parties. A knowledgeable and caring family law attorney will be able to ensure that your rights are protected by providing you with the personalized service needed to truly understand your unique circumstance.
Parenting time is granted in accordance with the best interest of the child. It is presumed to be in the best interest of the child to have a strong relationship with both of his or her parents. We can advocate on your behalf for a parenting time schedule that will ensure a strong relationship between you and your child. By taking an analytical approach to the parenting time schedule and spending the time necessary to understand your unique circumstances, We can advocate for weekday overnights, vacations, additional time and numerous other options that will be in the interest of you and your child’s relationship.
Sherbow Law is widely recognized for our successful record in Family Law Litigation. We partner with our clients to determine how they define success, and then find the optimal path to effective resolution of their Family Law dispute.