Answers To Commonly Asked Family Law Questions
Divorce and custody issues can be confusing, so it’s natural to be filled with questions. On this page, we’ve provided answers to some of the most common questions our attorneys receive from prospective clients. After reading, we invite you to contact Eisenberg & Spilman, PLLC, and ask your own questions during an initial consultation.
My spouse was responsible for wrecking our marriage. How important is it to prove fault in divorce?
Like all other states, Michigan now offers no-fault divorce. This means that neither spouse needs to allege or prove that the other spouse was at fault for destroying the relationship. Instead, both spouses can claim irreconcilable differences that make it impossible to save the marriage.
In many cases, no-fault divorce is preferable because it can be less adversarial and doesn’t place a burden of proof on the spouse making the allegations. Conversely, however, if one spouse is at fault, it can have an influence on things like the division of property and spousal support. Before you ultimately decide on a course of action, it’s important to discuss the pros and cons with an experienced family law attorney.
What are Michigan’s property division laws?
Michigan is considered an “equitable distribution” state. That means divorcing couples must divide marital assets equitably, which isn’t always the same as equally. There are many factors that could justify deviating from a 50-50 split, including the existence of a prenuptial agreement, significant differences in earning capacity and one spouse’s fault in the breakdown of the marriage (as mentioned above), to name just a few.
As your attorneys, we will ensure that you receive your fair share of marital assets in the divorce by utilizing our own skills and experience and collaborating with other financial and legal professionals, as necessary.
Can any family law attorney help me with a complex or high-asset divorce?
Legally speaking, any lawyer can represent you. As a practical matter, however, the attorney you hire should be one with significant experience in high-asset and complex-asset divorce. These cases are almost never straightforward, and your attorney’s knowledge and legal skill will likely have a significant impact on the assets you receive in your divorce settlement. And if you are a business owner, working with an inexperienced attorney could jeopardize the future of your business. Therefore, it is wise to research reputable attorneys who regularly handle these types of cases.
Can child support and child custody orders be changed?
Often, there have been some major changes to your children’s needs or your financial circumstances since the divorce was finalized. In both cases, you can get a court order modified. Courts allow parents to petition for a change in custody and support orders if there has been a change significant enough that the current order no longer reflects the best interests of the child or children.
However, family law judges will not grant modifications unless you have clear and convincing evidence for why a modification is necessary. Therefore, it is important to work with an experienced family law attorney like those at our firm. We discuss this issue in more detail on our modifications and enforcement page.
I strongly disagree with a ruling that was made in my divorce case. Can I appeal?
The answer is typically yes, depending on the nature of the issue and the reason for the appeal. Family law appellate work is often complex, and not all lawyers are up to the challenge. But our attorneys have the skills, knowledge and experience to help you understand and utilize all available legal options.
Get Answers To Your Own Questions During An Initial Consultation
Eisenberg & Spilman, PLLC, is based in Birmingham, and we serve clients throughout the surrounding areas of Michigan. You can speak to one of our experienced attorneys about your family law questions during an initial consultation. We offer appoints during regular business hours and can typically accommodate requests for evening and weekend appointments. To get started, contact us online or call 248-469-0613.