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Call 586-783-8095
We know that a divorce is never easy. It affects both parties financially and emotionally. We
strive to minimize hostile and negative issues by providing you with straight-forward answers and
encouraging you and your spouse to agree on as many issues as possible. If your goal  is to  
"destroy" your spouse then we are not the law firm for you. We pride ourselves on being fair,
honest and offering you the very best legal representation without compromising your legal rights.
A good website to visit if you have minor children.
http://www.uptoparents.com
    Common Questions Regarding a Divorce
    Q: How long does it take to get a divorce?
    A: If the parties have no minor child or children then the divorce can be completed in 60 days. If the parties
    share a minor child or children then the divorce can be completed in six months from the date of filing for divorce.
    If the parties agree on issues of property division and custody then the divorce is less expensive and is usually
    finalized in the time period stated above.
    Q:  Is there an advantage to filing first for divorce?
    A: Under some circumstances, the answer is yes. If the parties are not living together and share minor children
    then the party to file first may get a court order granting temporary custody and child support. Further, the party
    filing first may request that the spouse pay a portion of his or her attorney fees and that both parties be ordered
    to continue to pay the marital bills and not deplete or hide any marital assets.
    Q: Do I have to state why I want a divorce and what if my spouse refuses to let me divorce?
    A: In Michigan, we have "no fault" divorce so the court will not ask why you are getting a divorce and the court
    documents prepared by your attorney will most likely not include fault issues of either party. All that needs to be
    said is that there has been a breakdown in the marriage and no possibility of reconciliation. A spouse cannot
    refuse you a divorce. Even if the spouse refuses to recognize or participate in the court proceedings the divorce
    will go through.
    Q: How is the amount of child support determined?
    A: The amount of child support paid to the custodial parent by the non-custodial parent is usually determined by
    the Friend of the Court who looks at the number of minor children, the net incomes of both parties and whether
    day care services are needed if both parents work. Your attorney should be able to estimate what the amount will
    be depending on which parent has physical custody.
    Q: What is the difference between physical and legal custody and can both parties share these?
    A: Both parties can share physical and legal custody of the children; however, in most cases one parent will
    have physical custody and the other parent will have reasonable visitation rights. Physical custody is where one
    parent has the children most of the time while the non-physical custody parent has a minimum visitation of one
    evening a week, every other weekend and alternating holidays. Usually both parents share legal custody which
    means that both will share equally the children's school, religious and medical concerns. Recently, the terms
    physical custody are not used in a divorce judgment because many think that a parent is then a "winner" or
    "loser", depending upon which parent received physical custody. Consequently, many courts permit the wording
    "joint custody" with the "residence of the child or children with one parent" and the other parent has reasonable
    visitation and most likely pays child support.
    Q: Do I need an attorney in a divorce and how much can I expect to pay?
    A: Of course you need an attorney because you want it done right and you want a fair distribution. Lawyers
    charge different amounts depending on their experience and the complexity of the divorce. A divorce can cost
    between $1200 and thousands of dollars. The more you and your spouse agree on issues of custody and marital
    asset and debt distribution the less costly is the divorce. Fighting over who gets which pots and pans or custody
    of Fido, the dog, gets very expensive.
    Q: What if my former spouse refuses to give me visitation of my child and constantly tells my child that I am a
    bad person?
    A: The court takes very seriously the refusal of a court order of parental visitation. Your attorney should file a
    motion to show why the offending former spouse should not be held in contempt of court with the possible remedy
    of a change in custody, a fine, or possible jail time. Specifically, 1) apply a makeup parenting time policy
    established under MCL 552.642; 2)commence civil contempt proceedings under MCL 552.644; 3) file a motion
    with the court under MCL 552.517d for a modification of existing parenting time provisions to ensure parenting
    time, unless contrary to the best interests of the child; 4) schedule mediation subject to MCL 552.513; or 5 )
    schedule a joint meeting subject to MCL 552.642a. Most, if not all, judges have a primary interest in fostering a
    meaningful relationship between the parent and the child and are not pleased when a parent attempts to poison
    the mind of their child against the other parent.
    Q: I was just served divorce papers and my spouse tells me I do not need to get a lawyer, that her lawyer will
    handle everything. Is this a good a idea?
    A: Generally speaking, it is not a good idea and you should seek your own legal counsel. If you do nothing with
    the complaint for divorce and more than 21 days has past from the time that you were served then your spouse's
    attorney will most likely enter a default against you, which simply means you may be unable to defend yourself in
    court. It is a conflict of interest for one attorney to represent both parties in a divorce.
    Q: How is the marital estate (assets and debts) usually divided in a divorce? I made all the money in our
    marriage so I am entitled to all of it, right?
    A: No. The marital assets and debts are usually divided 50-50, including your retirement plan built during the
    marriage, regardless if one spouse worked and the other spouse did not. A pre-existing  prenuptial agreement,
    however, could change the asset and debt division in the event of divorce and we recommend a prenup
    agreement prior to marriage when one person has substantially more assets than the other.

    The answers given above are intended to give you general guidance but it is always necessary to consult an
    attorney regarding your specific circumstances.                                                      
Derik R. Girdwood, Attorney and Counselor at Law
Call Today for a Free Initial Consultation
(586) 783-8095
75 North Main Street, Mt. Clemens, MI 48043
Located across from the Macomb County Circuit Court
Appointments available on Saturday
Complete explanation of court procedures

Email:  michlawyer1@comcast.net