Some things are too important to leave to chance.
The issues in a divorce are often very complex. How these issues are resolved can chart the course of your life for many years to come, particularly if you have minor children. Disagreements and fighting can increase legal fees and costs and may deplete the resources you will need after the divorce is over. A good attorney will fight for your interests, of course, but a great attorney will help you pick your fights wisely and wage them economically.
In practice for over 20 years, Patricia Mallon is a strong advocate and counselor who understands the complexities of divorce, and is dedicated to protecting your interests while helping you achieve your goals. She specializes in divorce, child support, child custody and parenting time, spousal support, property division, temporary orders and modifications, and the tax consequences of divorce.
She also offers advice and representation for other family law matters, including premarital financial consultation, pre and post nuptial agreements, and domestic partnership contracts.
Frequently Asked Questions about…
- Divorce
- Child Support
- Child Custody and Parenting Time
- Spousal Support
- Property Division
- Tax Consequences of Divorce
- Helpful Links and Resources
Divorce
Michigan is a “no-fault” divorce state. This means that people do not have to allege misconduct in order to get a divorce. It also means that a person cannot stop his or her spouse from obtaining a divorce. Fault, however, still is relevant in a divorce and it can affect property division and support.
A divorce is initiated with a Complaint for divorce. The current filing fee is $150.00 without children, and $230.00 with children. At the beginning of a divorce, a court may enter temporary orders regarding the parties’ property, child custody and support, and spousal support.
Couples with minor children must wait at least six months after the Complaint is filed before a judgment of divorce can be entered. Couples without minor children can be divorced as quickly as 60 days after the Complaint is filed, although disputes over property division or support can prolong the process.
Child Support
Child support is paid to the custodial parent by the non-custodial parent. The amount is determined by a formula primarily based upon the income of both parents, and the number of minor children. Other factors can affect amount of the award, including – but not limited to – the costs of child care and insurance, the existence of other children, and the custodial arrangement A court can award more (and sometimes less) than the amount determined by the formula, depending upon the particular needs of the children and the circumstances of the parties. An award of child support is never “final” and it can be modified as the income or needs of the parties change.
To learn more, see Michigan’s Child Support Formula.
Child Custody and Parenting Time
Physical custody refers to a child’s residence. A child resides with the parent who has physical custody. Legal custody refers to the right to make decisions about a child. In most situations, parents share joint legal custody of children, but the children live primarily with one parent. It is best if parents can agree on a parenting time schedule for the non-custodial parent. If they cannot, the court will design one with the assistance of the Friend of the Court. An order for custody or parenting time is not “final” but can be modified for good cause or as the circumstances of the parties change.
To learn more, see the Oakland County Friend of the Court’s informative overview of Parenting Time. http://www.oakgov.com/foc/info_pub/parenttme.html
Spousal Support
Contrary to popular belief, spousal support is still awarded in Michigan. Whether support is ordered – and the amount of the support – depends upon the needs and resources of the parties and the number of years they were married. Spousal support is taxable income to the party receiving the support and deductible to the party paying it.
Property Division
The general rule of property division is that marital property is split “equitably” between the divorcing parties. This often, though not always, means that the parties get equal shares of marital property. Division of property can also be affected by many factors including the needs and resources of the parties and the fault, if any, for the divorce.
Assets that each person owned before marriage are considered separate property. Typically, each party to a divorce gets to keep his or her separate property, but this is not always true. Separate property can be considered marital property if it is has been treated like marital property, or a portion of it can be awarded to the other party if his or her needs dictate. Finally, some assets, like retirement plans, can have aspects of both marital and separate property.
Tax Consequences of Divorce
A good property settlement must include an analysis of the tax consequences of the property division. For example, capital gains tax on the sale of real estate or investments can reduce the value of an otherwise equal property division. The division of the retirement plan can create significant tax liability if it is not handled properly. Spousal support is taxable as income to the person receiving it and deductible by the party paying it, and the consequence of this should also be considered when putting together a settlement package.
Helpful Links and Resources
Good self-care is an important part of making it through a divorce. The resources below are some ways to help ease the strain of this major life transition.
Counseling and Support
First Step – domestic violence
Caryn Doehler, MSW, LMSW, ACSW
332 East Main Street, Northville, MI
Ph: 248-982-1029
Health and Recreation
Michigan Mountain Biking Association