DIVORCE ATTORNEY IN LIVINGSTON COUNTY

Divorce is a complicated, emotional and demanding matter both legally and personally. Dividing up one life into two — especially when child custody is involved — is a difficult and emotionally draining process. Closing the door on a marriage opens another into a brave, new world; you may feel like you’re balancing on a tightrope with no net below to catch you.

Your final divorce decree can be just the beginning of a whole lot of fresh legal problems and personal frustrations. Your ex-spouse may demand changes in your custody agreement, or may violate it altogether. Perhaps your ex quits paying the child and spousal support you need to survive. You may feel powerless and alone as your new beginning of life turns into an ugly, emotional battlefield.

You need to obtain a Howell divorce lawyer and family law attorney that understands the areas of concern you may face your during separation and divorce.

What are areas of importance during the divorce & separation process?

Areas of concern for your divorce and family attorney should be: child custody, child support, paternity, spousal support, post judgement enforcements, post judgement changes/modifications, separate maintenance agreement, and personal protection orders (PPO). A good attorney will know if these areas apply and help you navigate them.

You don’t have to fight this war alone. You can hire the Livingston County divorce and family law team at McCririe Law to fight for you.

To expedite the divorce process, please download and complete the CC 320 form here

LENGTH OF DIVORCE

The length of a divorce in Michigan depends on a number of factors, including whether the divorce is contested or uncontested, whether there are children involved, and the complexity of the case.

In a contested divorce, the two spouses disagree on one or more issues, such as child custody, child support, or property division. Contested divorces can take longer to resolve than uncontested divorces, as the court must hear evidence and make decisions on all of the disputed issues.

In an uncontested divorce, the two spouses agree on all of the issues involved in the divorce. Uncontested divorces can typically be completed more quickly than contested divorces, as the court does not need to hear evidence or make any decisions.

If there are children involved in the divorce, the process may take longer, as the court must consider the best interests of the children when making decisions about custody, parenting time, and child support.

The complexity of the case can also affect the length of time it takes to get a divorce. For example, if the case involves complex financial issues, such as ownership of a business or a pension plan, the process may take longer.

In general, a divorce in Michigan can take anywhere from a few months to a year or more to complete. If you are considering a divorce, it is important to speak with an attorney to get an estimate of how long your case may take.

Here are some additional things to keep in mind about the length of a divorce in Michigan:

• The court may require the spouses to attend counseling or mediation before the divorce can be finalized.
• The court may also require the spouses to complete financial disclosures.
• The court may set a hearing date to review the divorce paperwork and make sure that everything is in order.
• Once the divorce is finalized, the spouses will be issued a divorce decree.

If you are considering a divorce, it is important to speak with an attorney to get information about the process and to protect your rights.

CHILD CUSTODY & SUPPORT

During a divorce, parents must consider the best interests their child(ren). This includes Child Custody, which determines the legal arrangements of a child’s physical residence, as well as time spent with a parent. It also includes, Child Support, which legally dictates the financial support a parent receives from the other parent during the years the child is in school – usually until the high school graduation of the child.

NOTE: The divorce attorneys at McCririe Law, feel that child custody and support is so important, that we have dedicated a page for it on this website. Please read further about these important issues in the Child Custody and Child Support section.

SPOUSAL SUPPORT

In a divorce you may need to determine whether you can obtain spousal support from your ex. Spousal support is the legal financial obligation a spouse has to the other spouse before/after a legal separation or divorce. It’s main objective: make sure that either of the spouses do not become impoverished due to a divorce. Some things that the court will look at to determine spousal support are the length of the marriage, income, any degrees, age, health, ability to work and financial obligations (to name a few). A skilled family law team, at McCririe Law, will ensure that your best interests are considered and you get the support you deserve.

POST JUDGMENT ENFORCEMENTS

Obtaining a judgment lawsuit is the easiest way to collect debt. Once the debt is collected, it’s up to the creditor to enforce it, and collect the money that’s due. If the debtor involved, refuses or is unable to pay, you may be able to collect the money in other ways such as the debtor’s assets.

POST JUDGMENT CHANGES/MODIFICATIONS

Sometimes after a divorce or any other sensitive legal matter, you’ll need negotiation or another type of agreement after adjudication. Changes in circumstance (like finances, location, marriages/divorces, etc.) can be some basis for a post judgement modification. Here, at McCririe Law PLLC we can help you with this complicated (and sometimes difficult under Michigan law) process, so it is all smooth sailing for you.

SEPARATE MAINTENANCE AGREEMENT

Sometimes, when couples don’t want to divorce, but just need separation, they will enter what is called a Separate Maintenance Agreement. This arrangement is similar to alimony, but the spouse will support the other through, before, and after the separation. Legal separation does not include divorce. Most times couples legally separate for religious reasons, or the fact that the couple would still like to receive both health and tax benefits. McCririe Law can assist you with the separation process.

PERSONAL PROTECTION ORDERS (PPO)

A PPO is a court order to stop threats or violence against you. This may be necessary during a separation or divorce, especially in marriages involving domestic violence. McCririe Law can assist you with obtaining PPOs and other helpful documents. Perhaps, you have been served a restraining order, in that case, McCririe Law can help you defend yourself.

McCririe Law has thousands of hours of invaluable courtroom experiencethat will be put to use fighting your divorce battles for you. McCririe Law is the secret weapon you need in your corner because we will take your battle to court. McCririe Law is a family law attorney team, located in Livingston County that will protect your interests.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

What is default?

In a divorce, a default occurs when one spouse fails to respond to the other spouse's petition for divorce. This can happen for a number of reasons, such as:

• The spouse is unable to be located.
• The spouse refuses to participate in the divorce.
• The spouse is unaware that a divorce has been filed.

When a spouse is in default, the other spouse can proceed with the divorce without their participation. This means that the court can enter a divorce judgment without hearing from the defaulting spouse.

There are a few potential consequences for being in default in a divorce. First, the defaulting spouse may not be able to contest the terms of the divorce. This means that they may be stuck with whatever terms the other spouse requests, such as child custody, child support, or alimony.

Second, the defaulting spouse may be held responsible for the other spouse's legal fees. This is because the other spouse may have to hire an attorney to represent them in the divorce.

Finally, the defaulting spouse may have a harder time getting a new job or renting an apartment. This is because a default judgment on their record can make them look like a risky investment.

If you are facing a divorce and your spouse is in default, it is important to speak with an attorney to discuss your options. An attorney can help you understand the potential consequences of default and can represent you in court if necessary. Here are some additional things to keep in mind if you are considering a default divorce:

• You may still need to serve your spouse with divorce papers. Even if your spouse is in default, you may still need to serve them with divorce papers in order to meet the requirements of your state's law.
• You may need to file a motion for default judgment. Once you have served your spouse with divorce papers, you will need to file a motion for default judgment. This is a formal request to the court to enter a divorce judgment against your spouse.
• The court may not enter a default judgment if your spouse has a legitimate reason for not responding to the divorce papers. For example, if your spouse is incarcerated or has a serious medical condition, the court may not enter a default judgment.

If you have any questions about default divorce, please consult with an attorney.

What are marital assets?

In Michigan, marital assets are all property acquired by either spouse during the marriage, regardless of whose name it is in. This includes property acquired through earnings, inheritance, or gift. Marital assets are divided equally between the spouses in a divorce, unless there are extenuating circumstances.

Here are some examples of marital assets:

• Real estate
• Bank accounts
• Investments
• Retirement accounts
• Businesses
• Personal property

Marital assets are not limited to these items. Any property acquired by either spouse during the marriage is considered a marital asset, regardless of its form.

There are a few exceptions to the rule of equal division of marital assets. For example, property that is considered separate property, such as property acquired before the marriage, is not divided. Additionally, if one spouse can prove that they made a disproportionate contribution to the acquisition of an asset, they may be entitled to a greater share of that asset.

If you are going through a divorce, it is important to understand the law regarding marital assets. An attorney can help you protect your rights and ensure that you receive a fair share of the marital assets.

Here are some additional things to keep in mind about marital assets in Michigan:

• Marital assets are divided equally, unless there are extenuating circumstances.
• Separate property is not divided.
• Property that is acquired during the marriage is presumed to be marital property, even if it is in one spouse's name.
• An attorney can help you protect your rights and ensure that you receive a fair share of the marital assets.

What is a high-asset divorce?

A high-asset divorce is a divorce in which the divorcing couple has significant wealth or assets. In the United States, high-asset divorces are typically defined as those in which the marital assets are valued at $1 million or more.

High-asset divorces are more complex than traditional divorces for a number of reasons. First, the value of the assets involved can make it difficult to divide them fairly. Second, high-asset divorces often involve complex financial issues, such as retirement accounts, investments, and business interests. Third, high-asset divorces can be emotionally draining for both spouses, as they may be forced to sell assets that they have worked hard to acquire.

There are a number of things that couples can do to prepare for a high-asset divorce. First, they should consult with an attorney who has experience in high-asset divorces. Second, they should gather all of their financial information, including tax returns, bank statements, and investment statements. Third, they should create a budget that outlines their income and expenses. Fourth, they should discuss their goals for the divorce, such as child custody, child support, and alimony.

High-asset divorces can be challenging, but they can be resolved fairly with the help of an experienced attorney.

Here are some of the challenges that couples facing a high-asset divorce may encounter:

• Valuing assets: The value of assets, such as businesses, real estate, and investments, can be difficult to determine. This can lead to disputes between spouses about how the assets should be divided.
• Protecting assets: Spouses may try to hide assets or transfer them to other people in order to protect them from being divided in the divorce. This can make it difficult to divide the assets fairly.
• Emotional stress: High-asset divorces can be very emotionally draining for both spouses. They may feel angry, sad, or betrayed. This can make it difficult to make rational decisions about the divorce.

If you are facing a high-asset divorce, it is important to seek professional help. An experienced attorney can help you understand your rights, protect your assets, and negotiate a fair settlement.

What is a high net worth divorce?

A high net worth divorce is a divorce involving spouses who have significant assets, such as real estate, businesses, investments, or retirement accounts. These cases can be more complex and time-consuming than other divorce cases, as the court must consider the division of assets, alimony, child support, and other issues.

Here are some of the factors that can make a divorce high net worth:

• The value of the marital assets: In general, a divorce is considered high net worth if the marital assets are worth more than $1 million. However, the exact definition of high net worth can vary depending on the jurisdiction.
• The complexity of the financial issues: In high net worth divorces, the financial issues can be complex and time-consuming to resolve. This is often because the spouses have a complex financial structure, such as multiple businesses or investments.
• The involvement of third parties: In high net worth divorces, it is common for third parties to be involved, such as accountants, financial advisors, and lawyers. This can add to the complexity and cost of the divorce.

Here are some of the unique challenges and considerations involved in high net worth divorces:

• Asset valuation: In high net worth divorces, it is important to accurately value all of the marital assets. This can be a complex and time-consuming process, as it may involve appraisals, audits, and other financial analysis.
• Asset division: In high net worth divorces, the court must divide the marital assets fairly. This can be a difficult task, as there is no one-size-fits-all approach to asset division. The court will consider a number of factors, including the length of the marriage, the contributions of each spouse to the acquisition of the assets, and the needs of any dependent children.
• Alimony: In high net worth divorces, the court may award alimony to one spouse. Alimony is a payment made by one spouse to the other for support. Alimony can be temporary or permanent, and the amount of alimony will be based on a number of factors, including the income of each spouse, the needs of each spouse, and the length of the marriage.
• Child support: In high net worth divorces, the court will typically award child support to one spouse. Child support is a payment made by one parent to the other to help support the children. Child support is typically based on the income of both parents and the needs of the children.
• Tax implications: In high net worth divorces, it is important to consider the tax implications of any asset division or alimony payments. This is because the tax treatment of these payments can vary depending on the specific circumstances.

If you are involved in a high net worth divorce, it is important to speak with an attorney who has experience in these types of cases. An attorney can help you understand your rights and options and can represent you in court.

Here are some tips for navigating a high net worth divorce:

• Get legal advice early: It is important to get legal advice as soon as possible in a high net worth divorce. An attorney can help you understand your rights and options and can protect your interests.
• Be prepared for a long process: High net worth divorces can be long and complex. It is important to be prepared for this and to be patient.
• Be open to mediation: Mediation can be a helpful way to resolve the financial issues in a high net worth divorce. Mediation can help the spouses reach an agreement that is fair to both parties.
• Be realistic about your expectations: It is important to be realistic about your expectations in a high net worth divorce. The court may not award you everything you want, and you may need to compromise.
• Get help from experts: If you are involved in a high net worth divorce, it is important to get help from experts, such as accountants, financial advisors, and lawyers. These experts can help you understand the financial issues involved in your divorce and can help you make informed decisions.

Business Valuations

When one or both spouses own a business, it is important to have a business valuation done as part of the divorce process. This is because the business is considered a marital asset and must be divided equitably between the spouses.

A business valuation is a process that determines the fair market value of a business. This value is then used to determine how much of the business each spouse will receive in the divorce.

There are a number of different methods that can be used to value a business. The most common methods are:

• Income-based valuation: This method looks at the income that the business generates.
• Asset-based valuation: This method looks at the assets that the business owns.
• Market-based valuation: This method looks at the prices of similar businesses that have been sold recently.

The specific method that is used will depend on the nature of the business and the specific circumstances of the divorce.

It is important to note that a business valuation is just one factor that is considered when dividing marital assets in a divorce. Other factors, such as the contributions of each spouse to the business, may also be considered.

If you are going through a divorce and you own a business, it is important to speak to an experienced divorce attorney about how a business valuation can affect your case.

Here are some of the reasons why a business valuation is important in divorce:

• To determine the fair market value of the business.
• To help the spouses reach an agreement on how to divide the business.
• To provide a framework for the court to make a decision if the spouses cannot agree.
• To protect the interests of both spouses in the event of a future sale of the business.

If you are facing a divorce and you own a business, it is important to speak to a business valuation expert to get an accurate valuation of your business. Ask your attorney about making sure to value this asset. There is hidden value in business, and it is important that your attorney consider this as an option. This will help you protect your interests and ensure that you receive a fair settlement.

FAQs

What do I do if someone is attempting service (Serving you legal paperwork) after you've retained McCririe Law's office

Tell the person serving the papers that you have an attorney, and you’d like your attorney to be served.

Preferably, explain this through the door (if the documents touch you, you are considered served). If we are served, we have all the paperwork necessary and can best address the legal issues at hand, as well as, and we can meet the court’s deadlines for responding to the served paperwork.

We have seen process servers throw paperwork through a cracked window of a car. Anyone can serve papers if they are over the age of 18 and not a party to the divorce. It is important that the papers aren’t touched.

Don’t let the paperwork touch you. Don’t open the door. You can text your ex that you have an attorney.

How do I leave an abusive marriage?

It may sound cliche, but we advise “Carefully.” Narcissists and physical abusers can be tough to leave. McCririe Law has experience with divorce in an abusive marriage situation; equally important is that our attorneys are trial experienced. These types of divorces are not an easy process, but we can – and will – fight for you. Please read our blog, which gives you valuable suggestions to leave an abusive marriage.

What are things I can do to accelerate my divorce?

McCririe Law has assisted clients through thousands of divorces, and we understand the pressure of a divorce. You want it done as quickly as possible so that you can get on with life. For that reason, we have a list that will be helpful to you during the divorce process:

1. Have your account statements ready from the last year
2. Know about any wills or trusts in which you are listed as a beneficiary?
3. Fill out the CC320 Form ASAP (on our Divorce Page)
4. Be flexible about dates for mediation and court
5. Listen to your attorney and do what is advised
6. Please know a divorce with children has a mandatory waiting period under Michigan law of 6 months, and divorce without children has a 90 day waiting period.
7. Be patient and understand that dates can and will change due to Covid

What is spousal support?

Spousal support assists in the financial support of a party after a divorce. In Michigan, there are guidelines to determine qualification and payout amounts. Please read our blog to learn more on this subject.

How are third-party money holder apps important in a divorce?

Sites like Venmo, Cash App, Paypal, Zelle and other third-party money holders are discoverable accounts. If you think your spouse is using these, please inform us immediately. There are reasons why this information is important to your divorce.

What are the "best interest of child" factors?

In Michigan, the courts determine such things as custody, parenting time, child care, and guardianship based on 12 primary factors. This is critical if you are going through a divorce and have children. Learn more by clicking on our blog discussing these factors.

How can I protect myself if I'm worried about my partner's abuse?

A Personal Protective order is implemented when you feel your life or wellbeing is in jeopardy. If you feel threatened by a partner or spouse, a domestic protection order should be in place. Contact us for legal advice regarding how to protect yourself best.

What do I do if I don't know my marital assets?

The first thing is to know is don’t panic if you aren’t aware of all the assets in your marriage. We have ways to find out that type of financial information.