Family Law Michigan
Family Law Attorneys in Michigan
Family law is the area of law that resolves issues such as divorce, custody, support, adoption, etc. An attorney who handles these issues is a family law attorney. The following is a brief explanation of the family law issues that may arise. Hermiz Law focuses on family related legal issues and can assist you with all your family law issues.
Call (248) 825-8042 today to schedule a free consultation with an experienced Michigan divorce attorney or fill out our contact form. Hermiz Law serves the entire Metro-Detroit area
A family law attorney is mostly consulted with when parties are seeking a divorce. When parties wish to divorce, there are oftentimes many issues that must be resolved in the process. These issues include child custody, child support, parenting time, spousal support, property settlement, etc. There are a variety of tests and factors that an experienced family attorney will use in your case to determine how to resolve those issues.
In many cases, the parties acquired certain property during the divorce that must be divided. The court divides the property in a fair and just manner, depending on the circumstances of the case. There are a number of factors that the court uses to determine how to split the property, including when the property was acquired, how the property was paid for, the relative wealth of the parties, etc.,
Michigan Child Custody
The determination of child custody is oftentimes the most difficult and emotional part of the divorce process. Michigan custody laws are in place to help the court determine how best to establish custody. Generally speaking, the courts use a “best interest” test that evaluates what custody scheme is in the best interest of the child.
The court considers the following factors in determining what is in the best interests of the child:
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 to continue the education and raising of the child in his or her 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 considers 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 or the child and the parents;
11. Domestic violence, regardless of whether the violence was directed against or witnessed by the child; and
12. Any other factor considered by the court to be relevant to a particular child custody dispute.
These factors are the law and can be found at MCL 722.23.
Child Support in Michigan
Child support is largely based on the custody scheme and the income of the parties. Michigan uses a formula to determine how much child support a party will pay. Courts will usually not deviate from the formula unless there is a compelling reason to do so. Parties cannot waive their child’s right to child support.
Michigan Spousal Support or Alimony
Spousal support may be awarded to a party depending on the circumstances of the marriage. The factors the court may consider are:
- Past relations and conduct of the parties;
- Length of the marriage;
- Ability of the parties to work;
- Source of and amount of property awarded to the parties;
- Ages of the parties;
- Ability of the parties to pay spousal support;
- Present situation of the parties;
- Needs of the parties;
- Prior standard of living of the parties;
- Whether either party is responsible for the support of others; and
- General principles of equity.
Free Consultation with a Michigan Family Law Attorney
Your family is undoubtedly very important to you and it is essential that you speak with an attorney to discuss your rights. Call 248-825-8042 to discuss a family law issue with a Hermiz Law attorney.
Visit our frequently asked questions page for some basic insight.
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