Family Law FAQ

• How do I file for divorce and how long will it take?
• How will our property be divided in a divorce?
• How is child support determined?
• How does the court determine child custody?

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Q: How do I file for divorce and how long will it take?

A: In Michigan, divorce proceedings are initiated when one of the parties files a divorce lawsuit.    Even if you and your spouse agree to a settlement out of court, it is not finalized until the court issues a judgment of divorce.  Every divorce involves different issues, and the amount of time involved to complete the divorce therefore varies depending on the complexity of these issues and how quickly the parties are able to resolve these issues.  Although Michigan allows "no-fault" divorces, which means that the parties need not have a specific reason for wanting to end their marriage, the time it takes to obtain the final judgment of divorce will vary.  It depends on how long it takes you and your spouse to agree on a settlement and how full the court's calendar is.  The length of time it will take to finalize your divorce will also depend on whether your spouse contests the divorce.

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Q: How will our property be divided in a divorce?

A: In general, we aim to help our clients reach an amicable settlement regarding the division of their property.  If this is unsuccessful, Michigan courts prefer to divide property on a 50-50 split basis.  In determining how to divide the property, the court considers several factors, including the length of the marriage; the life status of each party; the age, health, and earning abilities of each party; how each party contributed to certain property and assets; necessities and circumstances of the parties; and broad principles of equity.  It is important that you consult an experienced divorce attorney who is experienced in handling property division to protect your rights and assets throughout the divorce process. 

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Q: How is child support determined?

A: In Michigan, the court determines child support amounts based on a formula that takes into account the incomes of both parents.  Michigan's child support formula includes support for a child's basic care and needs, medical expenses, and child care expenses.  However, where it deems necessary to avoid an unjust or inappropriate result, courts are allowed to deviate from the formula on a case-by-case basis.  The court determines both parents' support obligations and from there, determines what the non-custodial parent must pay. 

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Q: How does the court determine child custody?

A: Under Michigan's Child Custody Act, courts must determine child custody issues based on what is in the best interests of the children.  The court defines "best interests of the child" as a summation of a variety of factors that address the care each parent provides each child and allow the court to consider anything else it deems relevant.  Michigan law also addresses parenting time, or visitation.  The parent who is not awarded physical custody is often awarded parenting time.  Working with an experienced attorney will ensure that your parental rights are protected. 

At Hunter & Sievert PLLC, we understand that dealing with a child custody battle is often the most difficult and stressful aspect of a divorce.  We provide aggressive, effective legal representation while remaining sensitive to the issues at hand. 

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Seek Experienced Legal Representation

At Hunter & Sievert, PLLC, we understand the difficult and stressful nature of a divorce or custody and support matters, and we provide each client with dedicated and individualized representation in an efficient and cost-effective manner.  If you are involved in a divorce or custody dispute, you need dedicated and experienced legal counsel to protect your assets, property interests, and legal rights.  Contact Hunter & Sievert, PLLC today to learn how we can obtain a successfully resolution for your particular case.