Gudeman & Associates, P.C., is a partner clients can count on during one of the toughest challenges of their lives. Our mission is to give our clients the legal support they and their children deserve both in and out of the courtroom. Contact us today to schedule an appointment and let us help you navigate the uncharted waters.
- Michigan Divorce
- Michigan Pre/Post-Nuptial Agreements
- Child support
- Parenting Time/Custody modification
Courts We Serve
- Wayne County Circuit Court
- Oakland County Circuit Court
- Macomb County Circuit Court
We provide no obligation, initial consultions
GUDEMAN & ASSOCIATES, P.C.,
1026 W Eleven Mile Rd, Royal Oak, MI 48067
Ph. 246-546-2800, Fax 248-692-0355
Gudeman & Associates, P.C., is a partner clients can count on during one of the toughest challenges of their lives. Our mission is to give our clients the legal support they and their children deserve both in and out of the courtroom. Divorce takes an emotional toll on everyone, no matter how tough you are. The decisions you make during this time will have an enormous impact on you financially for the rest of your life. More importantly, your level of involvement in your children’s lives can also be affected. We take the time to listen to your concerns and work diligently to champion your rights and the rights of your children in court. We know how critical this transition is and promise to walk you through each step of the process while doing everything possible to protect what is most important to you. If you are in need of an attorney to be your advocate, Gudeman will help you move confidently forward.
A divorce proceeding is initiated by filing and serving the summons and complaint. In Michigan, there is essentially only one ground for divorce as we are a “no-fault” state. This means that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” After filing the Complaint, a divorce may not be granted in less than 60 days. When minor children are involved, the parties must wait 6 months, unless waived under certain circumstances.
Temporary orders for custody, child and spousal support, mortgage payments, medical payments, parenting time, injunctions, and other relief may be requested at any time after your case is started and before a judgment of divorce is entered.
Apart from divorce, Michigan has a form of legal separation that is known as separate maintenance. Although not often utilized, separate maintenance can be useful for people to continue health insurance for both parties or for people who oppose divorce on religious grounds. The procedure is similar to a divorce, except that neither party may remarry.
Michigan also recognizes annulment proceedings, which work to invalidate a marriage. Depending on the specific circumstances surrounding the marriage they can be determined to be void or voidable. Grounds for annulment include insanity, bigamy, fraud or underage.
PROPERTY ASSET DIVISION
The division of property is one of the subjects that takes the most time. Properties that need to be divided include many things, such as homes and cars. More complicated items also need to be split up though, these include investments, 401(k) accounts, pensions and personal properties.
Pre-Nuptial and Post-Nuptial agreements are far more than merely “planning for divorce.” These agreements are made by the parties to govern the disposition of their property and their rights and obligations regarding support if their marriage terminates. For such agreements to be enforceable in Michigan, there must be full and fair disclosure of all assets and liabilities.
Spousal support, also called alimony, is a sum or series of payments usually paid by one spouse to another spouse for the support and maintenance of the spouse. There are generally fourteen factors the court considers in awarding spousal support are as follows. A modification is based on a showing of a change in circumstances that warrants a modification.
The custodial parent is entitled to take minor children as dependents for all tax purposes. Child support is based mainly on the Michigan Child Support Formula. The formula is correlated to income. Nonpayment of court-ordered support may lead to a contempt of court citation, resulting in a jail term or a suspension of the delinquent parent’s occupational or driver’s license. Child support is modifiable on the same basis as spousal support. This support is usually ordered until the child attains the age of 18 years or until the child graduates from high school as long with few exceptions.
This issue is the most emotional and traumatic part of most divorce cases. There is legal custody—the decision-making part of raising the child—and physical custody—who physically raises the child. Sole or joint custody is possible for both of these types of custody. The basis for determining child custody is “the best interests of the child.” Due to the extensive nature of custody disputes and the laws involved, this subject is best left to an in-depth discussion with your attorney.
Parenting time is the schedule by which the children spend time with their parents. The judgment may order general parenting time, leaving it up to the parties to decide the dates, or it may provide specific parenting time hours and dates. If long distances must be traveled to exercise this parenting time, arrangements may be made to share the cost. To move with the child from Michigan, the custodial parent must petition the court for an order. Significantly, failure to pay child support is not an acceptable reason to deny parenting time. Parenting time orders may be modified on a showing of a change in circumstances.