Divorce Attorney In Monroe, MI
Going through a divorce can be one of the most stressful and anxiety-provoking experiences in a person’s life. The breakdown of a marriage can upend your entire life, and the financial and emotional challenges of child custody, support, and parenting time arrangements can be overwhelming.
As a divorce lawyer in Monroe, Michigan, Kyrsten understands what you’re going through and is committed to protecting your rights. She has years of experience handling all types of divorce cases and works tirelessly to get you the best possible outcome.
If you’re facing a divorce, don’t hesitate to contact us today. We’ll be there to guide you through the process and help you get the peace of mind you deserve.
If you are thinking about divorce, you know it will change your life. You probably have these questions.
- How often will I get to see my children?
- How will divorce impact me financially?
- Will I be able to keep my home?
- What will retirement look like for me?
- What will it be like to parent alone?
- How will we handle medical or schooling decisions for our children?
Divorce Is About Compromise
There is one thing that people need to understand before heading into their divorce lawyer’s office or into the Monroe County courthouse, is that family law and divorce proceedings are all about compromise. You aren’t going to get 100% of what you want and neither will the other side. This is true when it comes to the children and when it comes to the property.
Let's Talk About the Children
Let’s talk about the children first. When the court considers what to do in matters of child custody and parenting time, the main focus is what is best for the child, not what is best for the parents and not what each parent wants or thinks s/he needs. The Monroe County Court strives to maintain some kind of stability for the children and, in addition, expects the parents to support a child’s relationship with both parents. Obviously, there are exceptions to this general rule. It is, however, helpful to walk into Court understanding what the expectations are with regard to co-parenting your children after the marriage or relationship has ended.
Assets
Michigan is a no-fault divorce state and property is, generally, equally divided. It is, however, important to know what is and what is not marital property. In most cases, if the property was acquired during the marriage, it is likely to be considered marital property. In some instances, such as when steps have been taken to hold property separate from the marital estate, property acquired during the marriage can be considered to be non-marital.
Here is an example: You inherited $10,000.00 from your deceased grandparent. If you deposited that money into the joint account you hold with your spouse, that money is now marital property. If, instead, you opened an account in your name alone and deposited that money there, then it may not be marital property.
Deciding what is and isn’t marital property can be difficult. An example would be a situation where one spouse owned a home prior to the marriage. That is not marital property just by virtue of the parties’ marriage. If later, however, the parties take a loan together and invest that money in the home, then the situation is much less clear.
Divorce is complicated and the right divorce lawyer can help you navigate the process while attempting to protecting your interests and assets. If you’re contemplating divorce in Monroe County, Michigan or surrounding area, we have the experience to get you what you deserve during this emotional time
Common Questions About Divorce
How Long Will My Divorce Take?
Can I Leave the Marital Home Before My Divorce is Final?
I am asked this question frequently. I often hear my clients say that they have been advised that leaving would be considered “abandonment”. The answer is yes, you can leave the home and, no, it is not abandonment if you do. There are, however, things to consider before you make this decision. If there are minor children, you should try your best to make sure that there is a custody, parenting time and child support order in place before you leave the marital home. Without an order determining these things, each parent has equal right to the children at all times. This creates a potentially dangerous situation. Additionally, without a support order in place, you run the risk of going without money to care for the children.
When you leave the marital home, you are not relinquishing any rights that you have to the real and personal property. The party remaining in the home, however, will have access to these things without any oversight. For that reason, you may want to consider requesting that the Court sign an Order protecting the assets and requiring the parties to maintain the marital expenses in the way that they were being maintained prior to the filing.
Can I Terminate My Spouse's Health Insurance or Change the Beneficiary of My Life Insurance Policy?
No, you cannot make changes to medical insurance until the Judge has signed a Judgment of Divorce. You also should not make changes to beneficiaries of life insurance policies until the divorce is granted.
How Long Does the Divorce Process Take?
In Michigan, no one can get divorced in less than 60 days. If you have children, however, there is a statutory waiting period of 6 months. If the parties come to an agreement prior to the waiting period ending, but after 60 days, there are situations in which the parties can ask the Court to waive the balance of the waiting period and enter the Judgment of Divorce early.
How is Child Support Calculated?
There are many variables that are used by the Michigan Child Support Guidelines to calculate child support. It is important to realize that child support is mandatory and, unless the parties agree to deviate from the child support recommendation, the Court will always order the child support amount indicated by calculating according to the guidelines. Additionally, if the party to receive support receives any assistance from the State, the parties will not be able to agree to forego child support entirely.
The variables that are used to calculate the guidelines include:
• Each party’s income
• The number of overnights each party exercises with the minor children
• Whether there are childcare expenses and who pays them
• Whether there are healthcare insurance premiums paid for the benefit of the children and who pays them
• Whether either party has children from another relationship
• The tax status of each party
• The number of state exemptions each party takes when filing taxes
The child support guidelines utilize all of this information to calculate a recommendation. As long as the information supplied to calculate the recommendation is accurate, and if the parties do not otherwise agree to deviate from the recommendation, you can expect that the Court will order child support in whatever amount the guideline calculation determines.
Spousal Support
There are many variables that are used by the Michigan Child Support Guidelines to calculate child support. It is important to realize that child support is mandatory and, unless the parties agree to deviate from the child support recommendation, the Court will always order the child support amount indicated by calculating according to the guidelines. Additionally, if the party to receive support receives any assistance from the State, the parties will not be able to agree to forego child support entirely.
The variables that are used to calculate the guidelines include:
• Each party’s income
• The number of overnights each party exercises with the minor children
• Whether there are childcare expenses and who pays them
• Whether there are healthcare insurance premiums paid for the benefit of the children and who pays them
• Whether either party has children from another relationship
• The tax status of each party
• The number of state exemptions each party takes when filing taxes
The child support guidelines utilize all of this information to calculate a recommendation. As long as the information supplied to calculate the recommendation is accurate, and if the parties do not otherwise agree to deviate from the recommendation, you can expect that the Court will order child support in whatever amount the guideline calculation determines.
What Can I Expect the Process to Be?
The first step in any divorce is filing the Complaint. A Complaint is where the Plaintiff in the case establishes that the Court has jurisdiction, gives the Court some limited and relevant information related to the case, and asks the Court for a divorce.
In cases with minor children, the Complaint would also ask the Court to establish custody, parenting time and child support. In some cases, spousal support is a consideration, and the Complaint would include a request for a spousal support determination as well.
In order to draft the Complaint and its required accompanying documents, our office will ask you to complete a questionnaire. Once you have returned the questionnaire, we can begin drafting pleadings, which you will be asked to review and approve before they are filed with the Court. When the Court receives the pleadings, that is when the waiting period begins.
How long it takes to obtain a Judgment of Divorce is largely dependent on the parties. If the parties can cooperate and agree on many issues, then the process will move quickly and more smoothly. If the parties are unable to agree on many issues and there is conflict, the process will take longer and result in more expense.
If the parties need assistance in reaching an agreement, Monroe County offers free mediation through the Friend of the Court. There are also several experienced and helpful local mediators that can be hired if the parties are unable to reach a resolution with the assistance of counsel and the Friend of the Court.
If an agreement is reached, it is turned into a written Judgment of Divorce which the Judge signs. Once the Judgment is signed, the parties are divorced.
If the parties are not able to come to an agreement with the assistance of counsel or through mediation, then the case will need to be tried before the Court. This means that the Judge would make the decisions for the parties. Trial is a costly and lengthy process and, for that reason, the attorneys, Friend of the Court and the Court will encourage and give the parties many opportunities to come to an agreement on their own.
KN Legal/Kyrsten Niemiec, PLC
13 Washington St.
Monroe, MI 48161
(734) 240-0110