FAMILY LAW

Family Law is a term that refers to a wide range of legal issues pertaining to family matters and domestic relations. My Family Law practice only includes the preparation of prenuptial agreements and divorce.

DIVORCE

Ending a marriage is a stressful experience. But getting a divorce does not need to be unduly stressful or costly. There are a finite number of issues which need to be resolved in a divorce case. The key to a "good" divorce is staying focused on resolving these issues. Fighting and bickering about extraneous matters will only add to the stress and costs associated with a divorce. This is especially true if children are involved. At the end of a divorce case, a Judgment of Divorce is signed by the Judge assigned to the case. The Judgment of Divorce is the document that sets forth how all of the pertinent issues were resolved.

If a divorcing couple has minor children, the starting place is to work out a parenting time arrangement that both parties find satisfactory and that is in the best interest of the children. This might mean a shared, "50/50" parenting arrangement, or, something else might be in the best interest of the children. Sometimes people are motivated by pride or by wishing to maximize the child support they receive or minimize the child support they have to pay. That approach is most certainly NOT in the best interest of the children.

Once a parenting time schedule is agreed upon, child support can be calculated. In Michigan there are child support guidelines which must be followed unless the parties mutually agree to deviate from the guidelines and the Court allows the deviation. There is a formula used which takes into account the parties' income, the number of minor children involved, the number of overnights spent throughout the year under each parent's roof, and the cost of any child care. Once those variables have been input, the formula will determine what the payer's monthly child support obligation should be. Normally, child support is withheld from the payer's source of income and sent on to the payee. But again, if the parties mutually agree, they can "opt-out" of this arrangement and have the payments be made directly from one party to the other.

The provisions in a Judgment of Divorce pertaining to parenting time and child support are not etched in stone. That is to say, if changes in circumstances warrant it, parenting time and child support can be modified after the divorce is final. For example, if one party needs to move away because of their career, that would likely necessitate that parenting time be modified. If a person gets a big promotion or becomes unemployed, that would likely lead to a modification of child support.

A Judgment of Divorce will contain a Property Settlement. The Property Settlement is the section of the Judgment that sets forth how all of the parties' assets and debts are to be allocated. The Property Settlement will address what is going to happen to any real estate owned by the parties. It will also address how retirement accounts, savings, and investments will be divided. It will even address personal property and vehicles. If there are debts, such as student loans or credit card debt, those will also be assigned in the judgment.

All divorce judgments must also address the issue of spousal support (alimony). If there is a great disparity in the parties' income and if the marriage was a lengthy one, alimony is often awarded. The age and education level of the person making a claim for alimony are also among the factors considered when alimony is an issue. Unlike child support, the award of alimony is solely within the discretion of the Judge.

Sometimes when the parties are having difficulty reaching a resolution of some or all of their issues, they will enlist the aid of a family law mediator. A mediator is a neutral third party who has been trained to help people resolve their divorce case on terms that are acceptable to both parties. In Washtenaw County, some of our Family Law Judges require that the parties attempt to mediate a divorce settlement if they are unable to reach a resolution on their own early on in the process. Good mediators have very high success rates. The use of a mediator can help keep attorney fees down and also allow the parties to control the outcome of their case, as opposed to leaving the outcome in the hands of a Judge.

PRENUPTIAL AGREEMENTS

For many years, Prenuptial Agreements, "prenups", were not legally recognized in Michigan. Today they are legal. Today many people who are about to marry want to reach an agreement ahead of time about how they will divide their debts and assets in the event of a divorce. Many engaged couples want to have such an agreement in place even though they have no intention of every getting a divorce. A Prenuptial Agreement may also address what happens in the event of the death of a party.

There are Michigan statutes, court cases, and court rules that have established the ground rules for what happens when a married couple divorces or a spouse dies. A "prenup" is used to deviate from what would otherwise happen in the event of a divorce or the death of a spouse.

A "prenup" is often used by parties who have been married before, had children, and are now going to be creating a "blended" family. Often times the parties in this scenario want to have an agreement, drawn in advance of their marriage, that ensures each of them that their children's presumptive inheritance rights will not be impacted by a divorce.

Other common motivations for a "prenup" are situations when there is a large disparity in income, or a large disparity in savings, including retirement savings, or when someone feels like they "got burned" in a prior divorce proceeding. There no longer seems to be a stigma attached to wanting a prenuptial agreement prepared.

There are certain legal requirements that must be met for a "prenup" to be valid. I would not recommend trying to prepare a valid "prenup" on your own.

If you are planning on having a prenuptial agreement prepared, PLEASE try to have it completed well in advance of your wedding day!