At the Law Offices of Kevin R. Lynch P.L.C., we understand the toll that family law concerns can take. Our firm offers comprehensive legal support in divorces, child custody disputes, and other matters relating to domestic issues throughout Michigan. We focus on your well-being by maintaining affordable rates and providing clear guidance on the relevant Michigan laws. Drawing on years of family law experience, our family law attorney is diligent about protecting your rights while treating you with compassion during your family’s transition.
Michigan is a no-fault divorce state. This means that marriages are legally dissolved because the relationship has broken down and cannot be repaired. However, marital misconduct such as adultery or spousal abuse can affect the terms of the divorce order. The amount of time it takes to finalize a marriage dissolution depends on several factors. Childless couples might complete the process slightly more than 60 days after filing, while parties with minor children must wait at least six months. Another key factor is whether the spouses have agreed on parental and financial terms. Cases that are settled quickly help spouses save on legal fees.
Nothing is more important than the well-being of children, especially when they’re dealing with the breakup of their parents. Issues involving custody and visitation are to be decided based on what is in the child’s best interests. Optimally, parents will find consensus on a parenting plan that covers legal custody, where the child will reside, and visitation rights for the noncustodial parent. When compromise cannot be reached, courts can look at a variety of factors to make a custody decision, including parental fitness, the comparative home environments, and how a particular arrangement will affect the youth’s education and social opportunities.
Michigan’s Friend of the Court office automatically reviews child support orders every 36 months to evaluate whether the amount in the order should be changed. However, there could be instances where a job loss, change in custody arrangements or medical condition compels a paying or recipient parent to request a modification before the standard review. If you believe a modification is warranted, we can help. It’s important to understand that you cannot make the adjustment on your own even if your salary has changed or if your ex is not following the terms of the visitation order. Our firm handles these matters as well as enforcement cases if child support payments are not being made. A father or mother who fails to make required payments could have income withheld, lose their driver’s or professional license, and even face criminal charges.
Someone who has relied on their spouse’s income can seek spousal support, sometimes referred to as alimony. Courts may order these payments both for the period while the divorce is pending and after the marriage has been terminated. Periodic spousal support is designed to last long enough for the recipient to gain or regain the ability to support themselves financially. In cases where a party seeking alimony is unlikely to earn a suitable living due to their age, medical condition, or time out of the workforce, payments could be awarded on a permanent basis. Though a divorcing spouse can seek alimony even after a short marriage, a union of longer duration usually increases one’s chance to receive spousal support, as well as the duration of the payment period. Other factors that are considered by the court are each party’s earning ability, the couple’s standard of living, and whether spousal misconduct led to the divorce.
Life goes on after divorce, and changing circumstances might lead you to seek a modification in the terms of your dissolution decree. For example, if you are paying alimony or child support, a job loss could prevent you from meeting your obligations. In cases such as this, you should address the situation immediately and seek consent from your ex to modify the terms to suit your current financial situation. If no agreement is reached, you can petition the court to show that a substantial change occurred that justifies an adjustment to the existing order. Our firm advocates for clients seeking modifications as well as parties looking to maintain the status quo. We also handle enforcement proceedings if someone is not abiding by the terms of the decree.
The Law Offices of Kevin R. Lynch P.L.C. is located in Sterling Heights and provides comprehensive family law attorney services to Michigan residents. You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients from Macomb, Oakland, and Wayne counties.
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