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- Divorce FAQs
Family law is different than many other areas of practice because there are so many emotions involved. The decisions made in any family law case will have a great impact every member of the family. It is for this reason that anyone facing a divorce or any other issue pertaining to family law seeks legal representation. Royal Oak family law attorneys can handle any case with sensitivity, but still ensure your rights are protected and get you the most favorable terms possible.
A Michigan family law attorney can help you with many family legal disputes including:
These are all deeply emotional issues. An attorney can help you understand how the law in Royal Oak applies to your case. This can often help both parties come to a mutual agreement.
Divorce is extremely difficult. It completely changes a person’s life, and there are many contentious terms upon which to agree. Divorcing couples today have many options including mediation, collaborative divorce, or if necessary, litigation. Couples are always encouraged to agree on terms in compliance with state laws. This allows them to keep control of the situation and prevents all final terms from being left to the discretion of a judge.
During a divorce, child custody matters need to be resolved if the marriage involved children under the age of 18. Physical custody can be sole, joint, or split, and legal custody is also decided on during divorce proceedings. This is the legal right to have a say in decisions regarding the child such as their education and religion. In most cases, the courts prefer awarding each parent legal custody and some form of physical custody.
Michigan is an equitable distribution state. This means that in divorce, the assets are divided fairly, but not necessarily equally. A judge may decide to award one spouse more assets, but also more debt. On the other hand, a judge may determine the fairest way to divide the assets is to split them equally right down the middle.
Paternity actions are particularly difficult in Royal Oak. Sometimes the father denies all responsibility for a child, while other times a mother may insist a certain person is not the father. A family lawyer can help those involved establish paternity and get them the parenting time or child support to which they are entitled.
Michigan law dictates that parents are always financially responsible for the children they bring into the world. The courts will determine the amount of child support to award using the Michigan Child Support Formula. This takes many factors into consideration including, but not limited to, the income of each parent, the number of children involved, and overnight parenting time.
Prenuptial and postnuptial agreements do not guarantee an easier divorce, but they can certainly help. Marriage is a legal contract, after all. Having a prenuptial or postnuptial agreement only ensures that you have a say in how that contract protects your rights.
Legal matters arise in family life every day. When they do, it is extremely challenging for everyone involved. A family law attorney in Royal Oak can help you through your divorce and other disputes and make the process a little easier.
If you are facing one of these issues, or another family law matter, contact us at Iafrate & Salassa, P.C. We want to help you create solutions that are in the best interests of everyone involved so you can move on with your life as quickly as possible. Call us today or fill out our online form for your free consultation to learn more about what we can do for you.