Divorce

Frequently Asked Questions (FAQ) About Divorce

Introduction:

Divorce is a complex and traumatic process for most couples. The so-called "simple" or "friendly" divorce is all too rare. Often hostility between divorcing spouses is due to fear of the unknown. We, the attorneys of Nichols & Eberth, P.C., hope to eliminate some of that fear by answering many frequently asked questions about the legal and emotional process of divorce.

What do I do prior to starting divorce proceedings?

1. Gather Information. Assemble as much information as possible regarding family financial matters. (1) Include copies of tax returns for the last three years; (2) lists of marital assets and debts such as are often required for credit applications; (3) wills, trust, and estate planning schedules such as are often prepared by an attorney, accountant, insurance agent or bank trust officer; (4) the most recent statement from your spouse's employer regarding employee fringe benefits, especially retirement pensions; and (5) recent account statements from financial institutions such as banks, credit unions, and brokerage houses.
2. Debt. Do not incur any additional joint debt with your spouse. If you are currently working, remain employed.
3. Tend to Repairs. Make needed repairs on major appliances, cars, etc., out of joint family funds.
4. Medical Needs. Take care of all your medical and dental needs out of family funds. If you are covered under the health insurance of your spouse's employer, verify that your coverage has not been terminated.
5. Tax Returns. Do not sign any joint income tax returns if you have reason to believe they have not been properly completed.
6. Charge Accounts. Close out joint charge accounts, or, if you want to retain them, notify the creditors in writing that you will no longer be responsible for your spouse's purchases.

How much does it cost to file a divorce?

The fee charged by the circuit court to file a Complaint for Divorce is $150.00. If there are minor children, the fee is $180.00. If you file in Wayne County and desire that the Friend of the Court conduct an investigation regarding child support and/or spousal support, there is an additional charge of $40.00. Of course, legal fees and costs are in addition to the court filing fees. You are welcome to call us to find out our current hourly rate and retainer fee.

How long does it take to get divorced?

In Michigan it takes a minimum of 60 days to get divorced. If there are minor children, the waiting period is 180 days. However, this 180-day waiting period may be reduced if "undue hardship" can be proven. However, in no case can the waiting period be shortened to less than 60 days.

How do I start a divorce?

In Michigan, it is necessary to file a Complaint for Divorce with the circuit court of the county where you or your spouse resides. However, either you or your spouse must have resided in the county where you file for at least ten days immediately before you file there. Also, either you or your spouse must have lived in Michigan for at least 180 days immediately before you file. In Michigan, a divorce can be obtained without a determination of fault.

If you are served with a divorce complaint, you must file an answer within 21 days. If you fail to file an answer within 21 days, you can be defaulted. A default which is not set aside could work to your disadvantage when the court decides custody, visitation, support, and property settlement issues.

How will the court divide our property?

In determining property issues, the court will consider the following:

1. age of the parties;
2. health of the parties;
3. sources of the property;
4. length of the marriage;
5. how property was accumulated;
6. needs of the parties;
7. needs of the children;
8. earning ability and capacity of the parties;
9. fault of the parties; and
10. other equitable factors.

The property to be divided can include common items such as house, car, and bank accounts. It can also include professional degrees and practices, businesses, pensions, profit-sharing plans and other things not normally thought of as property. Although every judge views property division differently, the most common approach is to divide the property equally between the husband and wife.

Will I be entitled to alimony/spousal support?

In determining if a party should be awarded alimony, the court will take into account the following factors:

1. Past relations and the conduct of the parties;
2. Length of marriage;
3. The parties' ability to work;
4. The source and amount of property awarded to the parties;
5. Age of parties;
6. Ability to pay alimony;
7. Parties present situation;
8. Parties' needs;
9. Parties' health;
10. Prior standard of living of the parties and whether the parties support others; and
11. General equity principles.

There are computer programs which assign weight to each of these factors and give a recommendation. Nichols & Eberth, P.C. has the latest software for computing alimony recommendations.

What is "Friend of the Court?"

The Friend of the Court is an agency or branch of the circuit court established in 1919 to assist the court in divorce-related cases. This branch of circuit court is called Friend of the Court. Friend of the Court is staffed with analysts who meet with the parties and, after obtaining data, make a recommendation as to whom should pay child support and in what amount. Nichols & Eberth, P.C. has the same computer software used by the Friend of the Court to compute child support.

The Friend of the Court is perhaps best known as the agency which collects and disburses child support payments. When a support payer falls behind in payments, the Friend of the Court may initiate enforcement proceedings. The Friend of the Court also investigates and makes recommendations concerning support, alimony, custody, and visitation.

Will I be awarded custody of my children?

Custody is one of the most emotional and traumatic issues in any divorce case. The "Child Custody Act" sets forth eleven factors that a judge must consider when making a custody decision. In determining which parent shall have custody of the minor children, the court will determine what is in the child's best interest. In doing so, the court will take into account the following factors:

Sec. 3. "Best interest of the child" means the sum total of the following factors to be considered, evaluated, and determined by the court:

1. The love, affection, and other emotional ties existing between the parties involved and the child.
2. The capacity and disposition of the parties involved to give the child love, affection, and guidance and continuation of the educating and raising of the child in its religion or creed, if any.
3. 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.
4. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
6. The moral fitness of the parties involved.
7. The mental and physical health of the parties involved.
8. The home, school, and community record of the child.
9. The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
10. The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
11. Any other factor considered by the court to be relevant to a particular child custody dispute.

The court has broad discretion in determining which factors are the most important. Disputes over child custody are very disruptive to all concerned, especially the children. Child custody fights are also very expensive and very often exceed $20,000.00 in attorney fees, expert witness fees and costs.

Will I receive or have to pay child support and, if so, what will be the amount?

Child support is money paid by a non-custodial parent to the custodial parent for the support of a minor child. In determining the amount of child support, Michigan has adopted a Statewide Child Support Guideline. The Guideline considers the incomes of both parents and the needs of the child based on national statistics showing what it costs to raise a child in a typical family of a similar income level.

Child support is modifiable upon a showing of "changed circumstances." Support is usually ordered until the minor child reaches the age of eighteen or graduates from high school, whichever occurs last. Child support should be paid through the offices of the county Friend of the Court. This allows for accurate record keeping and prompt and in-expensive enforcement if an arrearage accrues.

Child support obligations are not dischargeable in bankruptcy and are given priority over all other debts except federal income tax liens. Michigan has one of the best records in the nation for collection and enforcement of child support.

What do I do if my spouse is abusive towards me?

Here are some tips that were published in the Detroit Free Press, 09/24/97.

Red Flags:

1. Jealousy
2. Sudden emotional dependency or attachments
3. Controlling behavior
4. Force in sex; threats of violence
5. Breaking or striking objects

Source: Domestic Violence Project/SAFE House

An Escape Plan:

Experts offer this advice for dealing with a violent incident:

• Move toward an exit when an argument begins.
• Practice how to get out of your home and plan where you would go.
• Devise a signal to use with others when you need the police.
• Confide in a neighbor. Ask the person to call police if there's a disturbance, or on a signal.
• Memorize the shelter number and keep change with you.
• Keep your personal protection order with you always.

Help For Adults:

Personal protection orders issued by courts can protect people from harassment, assaults and stalking. To get one, go to the county clerk's office or circuit court in the county where you live and ask for a packet on filing for an order. These domestic violence shelters offer help with housing, counseling and legal advice. Phones are answered all day, every day.

• Statewide: (800) 996-6228
• Livingston County: LACASA, (810) 463-6990
• Macomb County: Turning Point, (810) 463-6990
• Oakland County: HAVEN, (248) 334-1274
• Washtenaw County: SAFEHouse, (734) 995-5444
• Wayne County:
  • Detroit, east side: My Sister's Place, (313) 371-3900
  • Detroit, west side: YMCA Interim House, (313) 861-5300
  • Western Wayne County: First Step, (313) 459-5900 or toll free (888) 453-5900

A list of shelters around the state is available by calling the National Domestic Violence Hotline at 800-799-SAFE (800-799-7233).

What are Attorney Fees?

The client should have a full understanding of the fee or hourly rate to be charged before any work is done. In all instances, we charge a retainer fee at the beginning of the case. This fee can range from several hundred to several thousand dollars depending on the complexity of the case. This retainer is applied toward your final fee. A written retainer agreement must be signed by both you, the client, and we, the attorneys. A copy of this agreement will be given to you, and a copy will also be kept in your file.

In addition to the attorney fees, there may be other charges associated with a divorce. You, the client, are also responsible for the payment of items such as court costs, filing fees, service of process, appraisals, expert witness fees, mileage, parking, copying, postage, fax charges, long distance telephone, etc.

For more information on Divorce, read our article "Standard Life Insurance Clause In Most Divorce Judgements May Not Be Effective". We also provide other articles under the category of Divorce on our Newsletter Articles page.

NICHOLS & EBERTH, P.C.
22374 Garrison, Dearborn, MI 48124

Free Initial Consultation

Call Dearborn office at (313) 561-5700 or
Call Birmingham, Northville, Troy office at (248) 952-1700 or
Call us toll free at 888-571-5700 or
Send us an email at email@michiganattorney.com