Practice Areas Family Law

Troy Family Law Attorney | Best Family Law Attorney in Troy, MI

The Best Family Law Attorneys Are At Hermiz Law – Your Trusted Family Law Attorney Near You

A family law attorney helps families navigate divorce, child custody, child support, spousal support, and other related family law matters. Madana Hermiz is a family law attorney serving Troy and other surrounding cities in Oakland, Wayne, and Macomb counties. Ms. Hermiz has practiced family law for 14 years, providing experienced legal representation in all matters of family law.

Going through a divorce or custody disputes is stressful both emotionally and financially. We understand that family law cases affect your entire life – your children,  finances, and your future. That’s why we combine compassionate guidance with strong legal advocacy to protect your rights and help you move forward. The right divorce attorney can make all the difference.

Whether you need help with an uncontested divorce, a complex custody battle, or high-asset property division, Hermiz Law offers personalized attention to your unique situation. We handle cases throughout the Detroit metropolitan area with a focus on achieving favorable outcomes for our clients.

Hermiz Law offers a confidential consultation to discuss your case and answer your questions. Call (248) 825-8042 to schedule your appointment. During this meeting, we’ll review your situation, explain your legal options, and outline the path forward. Our goal is to make quality legal representation accessible when you need it most.

Our Family Law Services

Hermiz Law provides comprehensive family law representation throughout Troy and Oakland County. Our services include:

• Divorce (contested and uncontested)
• Child custody and parenting time
• Child custody modification
• Child support establishment 
• Child support modification
• Spousal support and alimony
• Property division
• Prenuptial and postnuptial agreements
• Paternity establishment
• Guardianship
• Adoption
• Post-judgment modifications
• Enforcement of court orders
• Domestic violence protection orders
• High net worth divorce

We handle both simple and complex cases. Whether you and your spouse have reached an agreement or face significant disputes, we provide skilled representation tailored to your needs. Our experience includes high-asset divorces requiring business valuations and complex property division, as well as straightforward uncontested divorces.

We represent clients in mediation, negotiation, litigation, and alternative dispute resolution. Our approach prioritizes your family’s well-being while protecting your legal and financial interests. From the initial filing through final judgment and any post-divorce modifications, Hermiz Law guides you through every step of the legal process with clear communication and strategic advocacy.

Call us today at (248) 825-8042 to schedule your confidential consultation with a family law lawyer.

Understanding Michigan Divorce Laws

Michigan is a no-fault divorce state, meaning you don’t need to prove wrongdoing to end your marriage. Courts grant divorces based on an “irretrievable breakdown of the marriage relationship” under MCL 552.6. This makes the divorce process less adversarial, though fault can still be considered when deciding property division and spousal support.

To file for divorce in Michigan, at least one spouse must have lived in the state for 180 days and in the filing county for at least 10 days. Michigan law requires mandatory waiting periods: 60 days for divorces without minor children, or six months when children are involved.

Michigan uses equitable distribution for dividing marital property, which means fair division based on multiple factors – not an automatic 50-50 split. Courts consider marriage length, each spouse’s contributions, age, health, earning ability, and conduct during marriage. Marital property includes assets acquired during marriage, while separate property includes premarital assets, inheritances, and gifts to one spouse. Prenuptial and postnuptial agreements can protect separate property and establish division terms in advance.

What is the Divorce Process Like in Michigan?: Step-by-Step

The Michigan divorce process follows these key steps:

1. Filing the Complaint – One spouse files a complaint for divorce, establishing grounds and the requested relief;
2. Service of Process – The other spouse receives papers and has 21-28 days to respond;
3. Temporary Orders – Either party can request temporary custody, parenting time, or support;
4. Discovery Phase – Both spouses exchange complete financial information, including income, assets, debts, and expenses;
5. Settlement Conference/Mediation – Parties attempt to reach an agreement with the court’s encouragement;
6. Trial Preparation – If settlement fails, prepare for trial presentation;
7. Trial – Judge decides all disputed issues;
8. Final Judgment – Court dissolves marriage and addresses all matters;
9. Post-Judgment – Any necessary modifications or enforcement.

The entire process theoretically takes 2-4 months for uncontested divorces and 6-12 months for contested cases, depending on complexity and court schedules.

Child Custody in Michigan

Types of Custody Issues

Child custody in Michigan involves legal custody (decision-making authority for major life decisions) and physical custody (where the child lives). Courts recognize both sole and joint custody arrangements under MCL 722.27.

Joint legal custody means both parents share decision-making for education, healthcare, and religious upbringing. Joint physical custody means the child lives with each parent for specific periods. Michigan courts often favor joint legal custody to keep both parents involved, even when one parent has primary physical custody.

Sole custody awards one parent both legal and physical custody with full decision-making authority. The non-custodial parent typically receives parenting time. Custody arrangements directly affect child support calculations, with parenting time percentages playing a significant role in determining support obligations.

Best Interests of the Child Factors

Michigan courts determine custody using the best interests of the child standard in MCL 722.23, which requires evaluating 12 statutory factors:

• Emotional bonds between each parent and child
• Each parent’s ability to provide love, affection, and guidance
• Capacity to meet the child’s basic needs (food, clothing, medical care)
• Stability and continuity in the child’s environment
• Permanence of each proposed custodial home
• Moral fitness of each parent
• Mental and physical health of each parent
• Child’s home, school, and community record
• Child’s reasonable preference if old enough to express one
• Each parent’s willingness to facilitate the child’s relationship with the other parent
• Any history of domestic violence
• Any other relevant factors

Courts evaluate these factors holistically rather than mechanically. Domestic violence receives significant weight and must be considered regardless of whether directed at the child or witnessed by the child.

Modifying Custody Orders

Custody orders can be modified when circumstances change substantially. Michigan law requires showing either “proper cause” or a “change of circumstances” under MCL 722.27(1)(c). Common examples include parental relocation, changes in the child’s needs, changes in a parent’s living situation, or safety concerns.

The parent seeking modification carries the burden of proving these requirements exist. Once met, the court evaluates whether modification serves the child’s best interests. The process requires filing a motion, potentially attending mediation, and participating in an evidentiary hearing where both parents present evidence.

Child Support in Michigan

How Child Support is Calculated in Michigan

Michigan child support uses the Michigan Child Support Formula (MCSF), a mandatory guideline system under MCL 552.605(2). The formula determines support based on the child’s needs and both parents’ actual resources. Courts must use the formula unless applying it would be unjust or inappropriate.

The calculation considers both parents’ gross income, number of children, parenting time percentages, health insurance costs, and childcare expenses. A parent’s support obligation includes base support adjusted for parenting time, medical support obligations, and childcare expenses. More parenting time typically means lower child support obligations.

Factors Affecting the Awarding of Child Support

Key factors that impact child support amounts include:

• Parenting Time Percentage – More overnight visits reduce support obligations as the formula adjusts based on time spent with each parent
• Number of Children – Support increases for additional children, though per-child amounts typically decrease
• Combined Parental Income – Both parents’ incomes create the net family income for calculations
• Health Insurance Costs – Parent providing coverage receives credit for premium costs
• Childcare Expenses – Work-related childcare costs are added to the base support and divided between parents
• Extraordinary Expenses – Special needs, medical expenses, or educational costs may warrant adjustments
• Deviation Circumstances – High-income cases or unusual situations may justify deviation from the standard formula

Child Support Modification and Enforcement

Child support modification requires showing a substantial change in circumstances affecting the calculation. Common reasons include:

• Job loss or significant income changes for either parent
• Changes in custody or parenting time arrangements
• Changes in the child’s needs or expenses
• Newly available health insurance coverage
• Changes to the child support formula itself

Michigan enforcement mechanisms include:

• Automatic income withholding from paychecks
• Tax refund intercepts
• Driver’s license suspension
• Professional license suspension
• Liens on property
• Credit bureau reporting
• Contempt proceedings for willful non-payment

The Friend of the Court administers enforcement programs. Parents experiencing financial hardship should seek modification rather than stopping payments, as arrearages generally cannot be canceled.

Spousal Support & Alimony in Michigan

Understanding Spousal Support (Alimony)

Michigan does not use a formula for spousal support, unlike child support. Alimony decisions are fact-specific and discretionary with the judge. The purpose of spousal support is to allow the lower-earning spouse to maintain a reasonable standard of living, support education or retraining, and recognize contributions to the marriage.

Spousal support is not automatic and must be requested. Either spouse can receive alimony regardless of gender. Duration varies based on circumstances – support can be temporary during divorce proceedings, for a fixed period, until remarriage, or indefinite. Alimony is no longer tax-deductible for divorces finalized after 2018 due to federal tax law changes.

Factors Courts Consider for Alimony

Michigan courts evaluate multiple statutory factors when determining spousal support:

• Past relations and conduct of the parties
• Length of the marriage (longer marriages are more likely to result in alimony)
• Ability of both parties to work
• Health and age of both parties
• Standard of living established during marriage
• Ability of the spouse seeking support to become self-supporting
• Needs of each party
• Earning power and educational background of each party
• Tax consequences
• Contributions to the marriage (homemaking, childcare, supporting the other spouse’s career)
• Property division awarded to each party

While Michigan is a no-fault divorce state, fault can still impact spousal support awards, though it receives limited weight compared to other factors.

Modifying or Terminating Alimony

Spousal support can be modified or terminated when substantial changes in circumstances occur under MCL 552.28. Common reasons include:

• Job loss or significant income changes
• Remarriage of the spouse receiving support
• Cohabitation with a new partner
• Significant health changes
• Retirement of the paying spouse

Remarriage typically terminates alimony obligations automatically. Cohabitation may also warrant termination or reduction depending on circumstances. The party seeking modification must prove changed circumstances justify the change. Some agreements specify non-modifiable alimony, which courts will enforce.

Property Division in Michigan Divorce

What is Considered Marital Property?

Marital property includes assets acquired during marriage through the joint efforts of both spouses:

• Wages and employment income earned during marriage
• Retirement accounts and pensions (portion accrued during marriage)
• Real estate purchased during marriage
• Investment accounts and bank accounts
• Vehicles purchased during marriage
• Business interests acquired or increased during marriage
• Personal property and household goods

Separate property includes:

• Property acquired before marriage
• Inheritances received by one spouse alone
• Gifts given to one spouse individually
• Passive appreciation of separate property

However, separate property can become marital if commingled with marital assets or if the other spouse contributed to its increase in value through direct or indirect efforts.

Equitable Distribution and Fair Division

Michigan uses equitable distribution rather than community property rules, meaning courts divide property fairly but not necessarily equally. Fair division depends on multiple factors rather than automatic 50-50 splits.

Courts consider marriage duration, contributions of each party to the marital estate, age and health of both parties, earning abilities, standard of living during marriage, and conduct of the parties. While Michigan has no-fault divorce, fault can still factor into property division, though it shouldn’t be used punitively.

Prenuptial and postnuptial agreements significantly affect property division by establishing terms in advance. These agreements must meet legal requirements to be enforceable. Courts give significant weight to valid agreements when dividing property.

Complex Asset Division and High-Asset Divorces

High-asset divorces require special attention to:

• Business Valuations – Certified appraisers determine the fair market value of closely-held businesses or professional practices
• Investment Portfolios – Tax implications and market timing affect division strategies
• Real Estate Holdings – Multiple properties require individual valuations and equity calculations
• Stock Options and Restricted Stock – Vesting schedules and valuation methods require expert analysis
• Deferred Compensation – Future payments need present value calculations
• Retirement Accounts – QDROs (Qualified Domestic Relations Orders) divide accounts without tax penalties
• Intellectual Property – Patents, copyrights, and royalties require specialized valuation
• Hidden Assets – Forensic accountants investigate financial records to ensure complete disclosure

Domestic Violence & Protection Orders

Obtaining a Personal Protection Order (PPO)

A Personal Protection Order (PPO) provides legal protection from domestic violence, threats, harassment, or stalking. Domestic relationship PPOs apply to spouses, former spouses, people you’ve dated, household members, or parents of your children.

Courts can issue ex parte PPOs (temporary orders without the abuser present) the same day or next business day when immediate protection is needed. Final PPOs require a hearing where both parties can present evidence. Evidence can include police reports, medical records, photos, text messages, emails, and witness statements.

PPOs typically last 182 days or longer and can be extended. Violations of PPOs carry criminal penalties. You can file for a PPO in the county where you live, where the abuser lives, or where the abuse occurred.

Impact of Domestic Violence on Custody and Support

Domestic violence significantly impacts custody decisions under MCL 722.23. Courts must consider domestic violence as a statutory best interests factor regardless of whether the violence was directed at the child or witnessed by the child.

Domestic violence can result in:

• Supervised visitation requirements
• Restricted parenting time
• Supervised exchanges at safe locations
• No-contact provisions in custody orders
• In severe cases, termination of parental rights

Courts prioritize physical and emotional safety when making custody determinations in cases involving domestic violence. Protection orders may include provisions about custody, parenting time, and child support.

Post-Judgment Modifications & Enforcement

When and How to Modify Court Orders

Divorce judgments can be modified after finalization when circumstances change substantially. Different modification standards apply:

• Custody Modifications – Require proper cause or change of circumstances, plus demonstrating modification serves the child’s best interests
• Child Support Modifications – Require substantial changes affecting the calculation
• Spousal Support Modifications – Require changed circumstances justifying revision
• Property Division – Generally cannot be modified except for fraud or mistake

The modification process involves filing a motion, potentially attending mediation, and participating in a hearing if the parties disagree.

Enforcing Court Orders

Court orders must be followed. Violations can result in serious consequences. Common enforcement issues involve custody/parenting time violations, unpaid child support, and unpaid spousal support.

Enforcement mechanisms include:

• Wage garnishment through the employer
• Tax refund intercepts
• Driver’s license suspension
• Professional license suspension
• Liens on property
• Contempt proceedings for willful violations
• Make-up parenting time orders
• Attorney fees assessed to the violating party

The Friend of the Court assists with enforcement in many cases. Documenting violations with dates, times, and details helps enforcement efforts. Self-help enforcement is not recommended – always seek court intervention for violations.

What About Military Divorces in Michigan?

Military divorces involve additional complexities beyond standard divorces. The Servicemembers Civil Relief Act (SCRA) provides protections for active-duty service members, including potential delays in proceedings.

Key military divorce considerations include:

• Military Retirement Pay – Can be divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA)
• The 10/10 Rule – Requires 10 years of marriage overlapping 10 years of service for direct DFAS payment
• TRICARE Benefits – Eligibility depends on 20/20/20 rule (20 years marriage, 20 years service, 20 years overlap) or 20/20/15 rule
• Survivor Benefit Plan (SBP) – Must be addressed in divorce decree
• Deployment Issues – Affects custody proceedings and parenting time schedules
• Special Wording Requirements – Military pension division orders require specific language to be enforceable

Paternity & Unmarried Parents

Establishing Paternity

For unmarried parents, mothers have automatic custody at birth. Fathers have no legal rights until paternity is established. Paternity can be established through:

• Voluntary Acknowledgment of Parentage signed by both parents
• Court proceedings if disputed
• Genetic testing when parentage is contested

Establishing paternity creates legal rights and obligations, including custody rights, parenting time, child support, inheritance rights, and access to benefits.

Rights and Responsibilities of Unmarried Parents

Once paternity is established:

• Unmarried fathers can seek custody and parenting time through court proceedings
• Both parents become legally obligated for child support
• Fathers gain rights to participate in major decisions affecting the child
• Children gain access to their father’s health insurance, Social Security benefits, veterans’ benefits, and inheritance rights
• Unmarried mothers can seek child support enforcement

Guardianship & Adoption

Understanding Guardianship vs. Custody

Guardianship and custody differ significantly:

• Custody – Arises from divorce or paternity cases between parents in family court
• Guardianship – Involves non-parents caring for children in probate court
• Limited Guardianship – Specific powers granted
• Full Guardianship – Complete authority over the child’s care
• Duration – Guardianships typically end when the child turns 18; custody arrangements are permanent until age 18
• Parental Rights – Custody involves parents’ rights; guardianship involves non-parents when parents cannot care for the child

Adoption Process and Legal Requirements

Adoption permanently transfers all parental rights and responsibilities. Michigan recognizes several types:

• Agency adoptions
• Independent adoptions
• Stepparent adoptions
• Relative/kinship adoptions

The adoption process requires:

1. Terminating biological parents’ rights (voluntarily or involuntarily)
2. Home study assessment of adoptive parents
3. Background checks and clearances
4. Court review and approval
5. Final adoption order

Adoption creates permanent parent-child relationships with full inheritance rights and benefits.

Divorce Mediation & Settlement Options

Alternative Dispute Resolution Methods

Mediation offers an alternative to litigation where a neutral mediator helps parties reach an agreement. Benefits include:

• Lower costs than trial
• Faster resolution
• More control over outcomes
• Less adversarial process
• Privacy and confidentiality
• Preservation of co-parenting relationships

Other settlement options include:

• Collaborative Divorce – Both spouses and attorneys work together with professionals to reach a comprehensive settlement
• Arbitration – Private decision-maker issues a binding ruling
• Settlement Conferences – Friend of the Court or judges encourage resolution before trial

Most Michigan divorces settle before trial through one of these methods.

 Reaching a Fair Settlement in a Divorce

Fair settlement requires:

• Complete financial disclosure from both parties
• Realistic expectations about outcomes
• Understanding of necessary compromises
• Long-term planning for tax consequences
• Clear, unambiguous settlement language
• Addressing all issues: property, support, custody, parenting time, and child support
• Consideration of modification provisions
• Attorney advocacy for your interests

Frequently Asked Questions About Michigan Family Law

How long does a divorce take in Michigan? Uncontested divorces typically take 2-4 months. Contested divorces average 6-12 months but can take longer for complex cases. Mandatory waiting periods are 60 days without children or 6 months with minor children.

Can I get divorced without going to court? You must attend at least one court hearing for the judge to finalize your divorce, even in uncontested cases.

How is custody determined? Michigan courts use 12 best interests factors in MCL 722.23 to determine custody arrangements.

Does fault matter in Michigan divorce? Michigan is a no-fault state, but fault can influence property division and spousal support decisions.

Can orders be modified after a divorce? Yes, custody and support orders can be modified when circumstances change substantially.

What happens to my retirement accounts? Retirement accounts accrued during marriage are marital property subject to division, typically through a QDRO.

How much child support will I pay or receive? Child support is calculated using the Michigan Child Support Formula based on both parents’ incomes, parenting time, and other factors.

Can I get alimony? Spousal support depends on multiple factors including marriage length, income disparity, and ability to be self-supporting.

Why Choose Hermiz Law for Your Family Law Needs

Hermiz Law brings 14 years of family law experience serving clients in Troy and throughout Oakland, Wayne, and Macomb counties. Attorney Madana Hermiz provides skilled representation in all aspects of family law from initial consultation through final resolution.

We understand that every family situation is unique. Our approach combines personalized attention with strategic legal advocacy to protect your rights and achieve favorable outcomes. Whether your case requires negotiation, mediation, or courtroom litigation, we provide experienced representation at every stage.

Our firm handles both straightforward uncontested matters and complex contested cases, including high-asset divorces, difficult custody disputes, and enforcement actions. We communicate clearly, respond promptly, and keep you informed throughout the legal process.

Communities We Serve

Contact Hermiz Law Today – Confidential Consultation Available | (248) 825-8042

Contact Hermiz Law today to schedule your confidential consultation. Call (248) 825-8042 to schedule your appointment. We offer flexible scheduling to accommodate your needs. Our office is conveniently located to serve clients throughout Oakland County and the surrounding Detroit metropolitan area. Don’t navigate family law matters alone. Get experienced legal guidance to protect your rights and your family’s future. 

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