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Family Law Attorney Serving Oakland County, Michigan

Understand Your Options with Our Attorney

Familial changes are an indication that life requires you to make adjustments. It's a time when understanding your options and setting realistic expectations are a priority. That's why you need an experienced family law attorney by your side. Pre and postnuptial agreements are used to establish property rights, clarify financial rights, avoid arguments during a divorce, and protect spouses from each other's debts. We can help parties entering a marriage determine the best way to draft a valid pre- or postnuptial agreement.

Divorce in Michigan

Divorce is a stressful time for any couple, and asset division can get sticky if there's no prenuptial agreement in place. Our attorney will let you know the divorce requirements, including grounds for filing, residency rules, and more. It's important we help you set the correct expectations regarding child custody, child support, and alimony as well.

In Michigan, just like other states, those divorcing can file a "no-fault" or uncontested divorce as well as a "fault-based" or contested divorce. A "no-fault" divorce doesn't require you to give a reason for the marriage dissolution. All that's needed is one spouse's testimony that the marriage is irrevocably broken.

Even in "no-fault" filings, the judge can determine whether the behavior of one spouse is enough evidence for a "fault-based" filing. This type of divorce requires proof that one spouse did something to promote the end of the marriage.

Spousal support and asset division are areas that need to be addressed during a divorce. Our attorney will determine which assets are considered marital property and debt to be divided fairly and which are separate properties owned by one spouse.

Alimony is not something all spouses are entitled to receive, and various deciding factors exist. The length of the marriage, ability to work, age, and more are all taken into account. We're ready to help those in Oakland County, Wayne County, Macomb County, Washtenaw County, and Livingston County, Michigan, work to obtain an amicable divorce settlement.

Children and Divorce

When children are involved, there are decisions both parents have to make decisions as legal parents. Even in cases where there was the adoption of one spouse's child or children, the non-biological parent still has rights they need to be aware of. Common issues regarding children are custody, financial support, parenting time, and tax benefits.

In Michigan, parents can have either legal or physical custody of a child, which can be sole or joint. Legal custody allows parents to make decisions about education, religion, and medical decisions. Physical custody determines who the child lives with. Only one parent has these rights with sole custody, but under joint custody, both parents have to come together to make decisions for the child.

Typically, physical custody is awarded to one parent while the other parent is granted parenting time. When joint physical custody is given, the child lives with both parents at different times.

Establishing parenting time is important for the child and parent without sole physical custody. We'll assist with working out a reasonable and beneficial schedule for both parents.

The state uses the Michigan Child Support Formula to decide how much financial support a parent is ordered to provide. The formula is based on both parents' income, the number of children, how many overnight visits are spent with each parent, health and childcare costs, and other factors unique to the case. Contact us to review your situation to avoid an unfair or inappropriate settlement amount. Our capable attorneys will do their best to deliver fair and comprehensive results.

Family Law Attorney Serving Oakland County, Michigan

At Pascaris Law Firm, PLLC, we have a knowledgeable and experienced attorney who empathizes with the emotional component of family law. We're here to help those in Oakland County, Wayne County, Macomb County, Washtenaw County, and Livingston County, Michigan, understand their rights and receive fair treatment from the courts during such a difficult time in their lives. Don't wait, call us today!