Family Law & Divorce
Our attorneys can assist in multiple areas of Family Law.
Family Law and Divorce in Michigan
Our Family Law attorneys understand that few things in life can be as emotionally draining as filing for divorce, particularly when children are involved. Even filing for separate maintenance (legal separation) can be a heavy load to carry. At such a time, you don’t need the additional burden of worrying about whether your legal counsel is up to the task.
Cunningham Dalman’s Attorneys, based in Holland, Michigan, have extensive experience in all aspects of family law. We will guide you through these trying times and provide you with the most beneficial results possible.
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Family Law Articles
Child Support – How is it calculated in Michigan?
Child support is determined by a formula encompassed in the Michigan Child Support Guidelines. The formula takes into account several
Custody – What exactly does that mean?
In Michigan there are two types of custody, legal and physical custody. Legal custody is the ability to make major
COVID-19 and Child Support Obligations
If you have an income or job loss because of COVID-19, Ottawa County Friend of the Court has put in
Family Law Attorneys in Holland, Michigan!
You may need assistance. Let our team help you understand Family Law in Michigan.
Our Family Law & Divorce Services
Divorce Proceedings
Our attorneys handle multiple areas of family law including divorce proceedings. We assist with filing complaints, responding, custody, support, parenting time, dividing assets and debts.
DivorceChild Support
Our team fully understands Child Support calculations in Michigan, enforcement, garnishment orders, and interstate support.
Child SupportAlimony / Spousal Support
Michigan law permits spouses to receive alimony or what is often referred to as "spousal support". Let our team assist you in understanding the alimony laws in Michigan.Â
AlimonyChild Custody & Parenting Time
Parents going through a divorce with minor children are encouraged to reach their own agreements on custody & parenting time. Our team can assist you in preparing for all factors involved when both parties cannot agree.
CustodyLegal Separations
Michigan allows for "separate maintenance" agreements for married individuals to divide assets, debt, decide on custody, support, and parenting time.Â
Separate MaintenancePrenuptial Agreements
These agreements are more common if one or both parties have substantial assets, family businesses to secure, high incomes, inheritances, and other matters to protect.Â
Marital AgreementsOur Divorce Attorneys Assist in Multiple Areas!
Looking out for you. Let us guide you through the process!Â
assisting you throughout this difficult time
Divorce in Michigan
Our attorneys at Cunningham Dalman understand the emotional stress of going through a divorce and all of the important decisions to be made. Hiring an experienced divorce attorney can be one of the best decisions you make. As emotions run high, you need someone to guide you through today’s immediate challenges while also planning for your future.
Michigan is a “no-fault” divorce state which simply means you don’t have to prove a spouse did anything wrong to file for divorce.
Ways We Assist Our Clients:
- Filing for Divorce / Petitioning the Court - Our team can assist you in pulling together & organizing all of the information required for filing or responding to a divorce complaint. We will guide you through the process of collecting income statements, real estate paperwork, financial statements, life insurance policies, marital debts, pension funds, automobile registrations, and more.
- Marital Asset Discovery - In Michigan, it is illegal to hide assets during your divorce process. Our attorneys are experienced in using informal & formal discovery techniques to ensure all marital assets are documented for the court.
- Marital Debts - It is equally important to create a list of all of the marital debts such as the mortgage, car loans, credit cards, and other loans.
- Marital Settlement Agreements - In Michigan, couples can draft a marital settlement agreement which covers the division and ownership of property, assets, debts, and agreed upon details for child custody and parenting time. Our attorneys assist with drafting an agreement which fits your personal situation and covers important items for today and in future years. College tuition provisions should be considered at the time of your divorce so there is clear documentation included in your Michigan Judgment of Divorce.
- Representation in Court - During a divorce, there may be instances where you need to appear in court. Our attorneys will attend and represent you at these hearings.
protecting the interests of children
Child Support in Michigan
Michigan, like many states, uses a standard child support formula for determining which parent will be required to pay support and the amount. Child support is designed to help offset the costs of raising a child usually until they reach the age of 18. Generally, there is a base amount and then provisions for health care insurance premiums and ordinary medical expenses (uninsured medical expenses like co-pays & deductibles).
Our attorneys can assist you with understanding the Michigan calculator and the factors used to determine support. Although it’s possible to use the calculator on your own, we suggest performing a review with your attorney just to be sure you’ve accounted for all current expenses and any additional expenses due to the divorce (additional daycare, etc.)
Common Areas We Assist:
- Michigan Child Support Factors - The Michigan Child Support formula considers both parent's incomes, number of overnights, number of children, child care, healthcare, and more.
- Child with Special Needs - A child with a physical or mental disability may require extended child support in your divorce settlement. You may even consider a special needs trust to assist with expenses in the future. More information on a "Supplemental Needs Trust" can be found on our Estate Planning page.
- Child Support Enforcement / Modifications - Life situations change over time due to job losses, relocations, health issues, job schedules, and more. Our attorneys assist parties who need to seek a change in child support or in initiating contempt proceedings if a court order is not being followed.
spousal support in michigan
Alimony / Spousal Support
Michigan permits a spouse to request alimony (spousal support) based on financial need and the other party being able to afford it. It’s important to remember, there is no specific formula used to calculate spousal support. Each case is judged separately and based on the facts presented. In general, there are four types of spousal support in Michigan:
- Temporary – court may order one spouse to pay the other temporarily during the divorce to offset existing expenses.
- Periodic – is the most common in Michigan and most states. The court recognizes one spouse gave up a career to help raise a family or support the other spouse’s career and needs a period of time to refresh their job skills in order to become financially self sufficient.
- Permanent – is quickly becoming the exception in Michigan and usually only applies when the marriage lasted for an extended number of years and the party is unable to make their own living due to age or health reasons.
- Lump-Sum Payment – is not common in Michigan but allows one to pay the entire support award in a single payment of cash or real property.
Factors Commonly Used in Determining Spousal Support:
- Length of Marriage - The length of the marriage will be a factor and judges are more likely to consider spousal support if you were married over 10 years. This is especially true if the requesting spouse does not have a career or any marketable skills.
- Ability to Work - Courts are more likely to award longer-term support if one spouse seems unlikely to be able to support themselves after a temporary order would expire.
- Marital Standard of Living - The court's goal in this process is to make an attempt to allow both partners to live equitably after the divorce. Lifestyles may change but the court's goal is for both parties to have a fair start to their new life.
- Health of Parties Involved - The court will also take into consideration the health of both partners when deciding upon the amount of spousal support.
helping clients understand child custody in michigan
Child Custody & Parenting Time
In Michigan, child custody is focused on what’s in the best interest of the child. The Michigan Child Custody Act is centered around the premise that it is in the best interests of a child to have a strong relationship with both parents. Our courts look heavily at the parenting situation of the home prior to a divorce or custody case being filed and look at a number of factors to decide on custody arrangements. Â
The courts would rather see parents work through these arrangements on their own and then present their plan for consideration. There are really two main types of custody in Michigan:
- Legal Custody – gives a parent or parents the ability to make decisions on education, medical, child care, and those of general welfare.
- Physical Custody – provides direction for where the child will primarily live. Joint physical custody allows for the child to have residency with both parents. Usually, Michigan will grant one parent as the primary custodian and parenting time to the other on a set schedule.
"Best Interest of the Child" Factors used in Michigan:
- Love, Affection, & Emotional Ties - The court will look at who the child bonds with the most. Does the child normally go to one spouse with problems? How much time is spent with each parent? Who cooks the majority of the meals for the child?
- Capacity & Disposition - This factor deals with more how the parents show love, affection, and attention to the child. Who helps with school work? Who handles school activities? Who stays home when the child is sick? How does each parent handle difficult situations with the child?
- Stable Environment - The court will access the home environment for the child's well being. Who can provide more stability for the child? Have living arrangements changed recently? Has the child adjusted well to the change.
- Family Unit Considerations - Courts will generally want to review who lives in each home. Will the child be around familiar individuals?
- Mental & Physical Health - Does either parent suffer from mental illness or physical ailments that would interfere with their ability to provide care?
- Parental Influence Record - Which parent is more involved with encouraging school activities, attending teacher conferences, ensuring homework is done?
- Child Preferences - Judges can decide whether a child is mature enough to state their preferences. There is no specific age where a child gets to choose where they would like to live.
- Parental Cooperation - This deals with how each parent shows their ability to support each other and not criticize the other in front of the child. Children need to see change can be handled in a positive manner and that both parents value each other's opinion.
- Domestic Violence - Are there any instances of threatening or abusive actions by either parent (verbally or physical)?
- Other Considerations - Judges will also consider special needs of a child, how far apart the parents live from each other, sibling relationships, and any other relevant factor brought to their attention.
Michigan uses the term "separate maintenance"
Legal Separations
In the State of Michigan, legal separations are referred to as “separate maintenance” or “maintenance of separate households”. Couples can draft “separate maintenance” agreements which divide assets and responsibilities as they contemplate their longer-term intentions. In our experience, it’s best to work with an experienced attorney to ensure plans accommodate for the possibility of one party eventually filing for divorce. These “separation agreements” are often times used as documentation when the divorce complaint is filed. Â
Our attorneys work with clients to ensure these plans cover important items such as: assets, debt, property, spousal support, child support, child custody arrangements, parenting time, and more. You need to be comfortable with the decisions you make in a “separate maintenance” agreement just in case you end up filing for divorce.Â
Common Reasons to Consider Separate Maintenance:
- Religious - Many religions don't endorse or support divorce and couples may need some time to plan how this might affect their lives.
- Health Insurance Benefits - This area of family law continues to change as insurance for pre-existing conditions is easier to obtain. We recommend you investigate this matter fully with your provider to ensure there are no surprises. In many cases, you'll want to address the financial aspects of healthcare in your separate maintenance agreement.
- Social Security Benefits - The social security administration still considers someone legally married even if a separation agreement is in effect. This could be important for individuals who did not accrue enough credits throughout their life to claim personal Social Security. This is another important area to allow an experienced attorney to walk through the different scenarios with you so there are no surprises.
- Tax Benefits - Your filing status can prove to be important and should be addressed. In addition, child dependents should be addressed just as it would be in a Michigan divorce judgment. Tax planning considerations should be discussed and understood during this time.
adoption attorneys for michigan
Adoption Proceedings
Our Family Law attorneys are here to assist your family as you go through the legal process of adoption. Cunningham Dalman will work as your independent counsel or alongside an adoption agency you have chosen. The adoption process is guided by state and federal laws & having an experienced attorney on your side can assist with all of the paperwork and filings required.
Types of Adoptions We Assist With:
- Agency Adoptions
- Family Adoptions
- Stepparent Adoptions
- Adult Adoptions
protecting yourself
Prenuptial Agreements
Pre-marital / prenuptial agreements are becoming more common place as young adults marry later and second marriages can involve significant financial portfolios, family businesses, and more. Our attorneys can assist you in drafting one and guiding you through a list of things to consider.
Items to Consider in a Prenuptial:
- Separating Property - Most prenuptial agreements will separate out property already owned.
- Existing Debts - Agreement will often times address any debts you or your spouse may be bringing into the marriage.
- Gifts & Inheritances - You may want to address inheritances and/or gifts you both receive during the marriage. Many will want significant inheritances to be treated as separate property in their name only.
- Child Support Payments - You may want to track these payments to you separately and manage them in a separate account.
Family Law FAQ
Most frequent questions and answers
In Michigan, there is a mandatory waiting period of 60 days. If minor children are involved, it’s a 6 month waiting period.
In a recent survey, most attorney firms have seen an increase over the last 10 years. Millennials are delaying marriage longer and realizing many of their friend’s marriages are not successful.
