frequently asked questions

When filing for divorce, the length of time it takes for the divorce to be finalized can vary. If there are children, you can generally expect that your case will take no less than 6 months from the time of filing to be finalized.

As a general rule, yes you need the other parent's permission to move the child out of the State of Michigan. However, this is not always the case. Speak with an attorney today to see if this applies to you!  

When determining whether real property is marital or non-marital, the Court will take into consideration all the facts and circumstances surrounding the issue. Refinancing the home during marriage, adding your spouse's name to the deed, and how long your spouse has lived in the home and contributed to its maintenance are just some of the issues that the court may look at. 

When making a determination regarding child support, the Court will look at a number of factors. In short, the court will use both parties, income. The Court will consider who pays for health insurance premiums, how many overnights the minor child or children spend with each parent; whether either party is responsible for the care custody and control of minor children who are not of this relationship, and more.  In some cases, it is appropriate for the court to deviate from the child support calculations if the outcome is in some way unjust. Speak with an attorney right away of you feel that your child support has been calculated inaccurately or if you are not receiving child support and should be.  

Just like any other Order that is issued by the Court, you are expected to follow them. If you are fearful that you or your minor child will be harmed if parenting time continues, you may file an exparte motion with the Court. Keep in mind that when filing exparte it must actually be an emergency. Exparte motions are often denied because they do not articulate the actual threat  

sufficiently to describe what the threat is and when you file exparte, you are asking the Judge to make a decision without having heard the other side of the story.  For this reason, it is highly recommended that you seek legal counsel if you are seeking to file an exparte motion.