Domestic Issues Law Firm in Genesee County

Domestic Issues Law Firm in Genesee County

Navigating domestic issues can be one of the most challenging experiences in a person's life. These issues often involve sensitive and deeply personal matters that require not only legal expertise but also compassion and understanding. At Marko Law, we specialize in handling a wide range of domestic issues in Genesee County, providing our clients with the dedicated support and skilled representation they need during difficult times.

Types of Domestic Issues Handled

Divorce and Separation

No-Fault Divorce in Michigan

• Grounds for Divorce: Michigan is a no-fault divorce state, meaning that neither spouse needs to prove wrongdoing to obtain a divorce. The only requirement is to demonstrate that there has been a breakdown of the marriage to the extent that the parties cannot live together.
• Residency Requirements: To file for divorce in Michigan, one of the spouses must have lived in the state for at least 180 days and in the county where the divorce is filed for at least 10 days.

Contested vs. Uncontested Divorce

• Uncontested Divorce: Both parties agree on all terms of the divorce, including property division, child custody, and support arrangements. Uncontested divorces are typically quicker and less expensive.
• Contested Divorce: The spouses cannot agree on one or more terms of the divorce, requiring court intervention. Our attorneys are skilled in negotiation and litigation to protect your interests in contested divorces.

Legal Separation and Annulment

• Legal Separation: For couples who do not wish to divorce but need to establish legal arrangements for living apart, legal separation may be an option. This process addresses similar issues as divorce, such as property division, custody, and support.
• Annulment: An annulment declares that the marriage was never valid due to reasons such as fraud, coercion, or incapacity. Our attorneys can help determine if annulment is an appropriate option for your situation.

Child Custody and Visitation

Types of Custody

• Physical Custody: Refers to where the child lives on a day-to-day basis. It can be awarded solely to one parent (sole physical custody) or shared between both parents (joint physical custody).
• Legal Custody: Involves the right to make important decisions about the child's life, such as education, healthcare, and religious upbringing. Legal custody can also be sole or joint.

Factors Considered in Custody Decisions

• Parental Fitness: Each parent's ability to provide for the child's physical and emotional needs.
• Child’s Relationship with Each Parent: The strength and quality of the child’s bond with each parent.
• Home Environment: The stability and safety of each parent’s home environment.
• Child’s Preference: Depending on the child's age and maturity, the court may consider the child's preference.
• Parental Cooperation: Each parent's willingness to facilitate and encourage a relationship between the child and the other parent.

Visitation Rights and Parenting Plans

• Visitation Rights: Non-custodial parents typically have the right to visitation to maintain a meaningful relationship with their child. Our attorneys help establish fair and workable visitation schedules.
• Parenting Plans: A detailed parenting plan outlines the custody and visitation arrangements, including schedules for holidays, vacations, and special occasions. We assist in drafting comprehensive parenting plans that minimize conflict and ensure consistency for the child.

Child Support

Calculating Child Support

• Income Consideration: Michigan uses an income shares model to calculate child support, considering the income of both parents. This model estimates the amount of support that would have been available if the family remained intact.
• Parenting Time: The amount of time each parent spends with the child also influences the support calculation. More parenting time can result in adjusted support amounts.
• Expenses: The court considers necessary expenses such as healthcare, education, childcare, and extracurricular activities when determining child support.

Enforcement of Child Support Orders

• Legal Action: If a parent fails to pay court-ordered child support, various enforcement mechanisms can be employed, including wage garnishment, tax refund interception, and property liens.
• Contempt of Court: Persistent non-payment can lead to contempt of court charges, potentially resulting in fines or jail time.

Modifications of Child Support

• Changing Circumstances: Either parent can request a modification of the child support order if there is a significant change in circumstances, such as a change in income, job loss, or changes in the child’s needs.
• Review Process: Our attorneys assist in filing modification requests and navigating the review process to ensure that support amounts remain fair and appropriate.

Spousal Support (Alimony)

Types of Spousal Support

• Temporary Support: Awarded during the divorce process to help a spouse maintain financial stability until the divorce is finalized.
• Rehabilitative Support: Provided for a limited time to allow the recipient spouse to gain the necessary education or training to become self-sufficient.
• Permanent Support: Awarded in long-term marriages or when the recipient spouse is unable to become self-sufficient due to age or disability. Permanent support continues until the recipient remarries or either party dies.

Factors Affecting Spousal Support

• Length of Marriage: Longer marriages are more likely to result in spousal support awards.
• Standard of Living: The court considers the standard of living established during the marriage and aims to maintain a similar standard for the recipient spouse.
• Age and Health: The age and health of both spouses are considered, particularly if the recipient spouse is unable to work due to age or health issues.
• Income and Employment: The income, employment status, and earning potential of both spouses are evaluated to determine the support amount.
• Contributions to the Marriage: Non-economic contributions, such as homemaking and child-rearing, are also taken into account.

Modifications and Termination of Spousal Support

• Changing Circumstances: Spousal support orders can be modified if there are significant changes in circumstances, such as a change in income or the recipient spouse becoming self-sufficient.
• Termination: Spousal support typically ends if the recipient spouse remarries or if either spouse passes away. Our attorneys help clients navigate the process of modifying or terminating support orders when necessary.

Domestic Violence and Protection Orders

Types of Protection Orders

• Personal Protection Orders (PPO): Michigan law allows for various types of PPOs to protect individuals from domestic violence, including:
  • Domestic Relationship PPO: For protection from someone with whom the victim has had a domestic relationship, such as a spouse, former spouse, dating partner, or co-parent.
  • Non-Domestic Stalking PPO: For protection from someone who is stalking the victim but does not have a domestic relationship with them.
  • Sexual Assault PPO: For protection from someone who has sexually assaulted or threatened to assault the victim.

Process for Obtaining a Protection Order

• Filing a Petition: The victim must file a petition with the court, detailing the abuse or threats and requesting a protection order.
• Court Hearing: In some cases, a court hearing will be held to determine whether to issue the PPO. The victim may need to present evidence and testify about the abuse.
• Issuance of PPO: If the court grants the PPO, it can include provisions such as no contact with the victim, staying away from the victim's home or workplace, and surrendering firearms.

Property Division

Marital vs. Separate Property

• Marital Property: Includes assets and debts acquired during the marriage, regardless of whose name is on the title. This can include the family home, vehicles, bank accounts, retirement accounts, and debts.
• Separate Property: Includes assets and debts acquired before the marriage or through inheritance or gifts specifically to one spouse. Separate property is generally not subject to division, but there can be exceptions if it has been commingled with marital property.

Equitable Distribution in Michigan

• Fair, Not Equal: Michigan follows the principle of equitable distribution, meaning that property is divided fairly, but not necessarily equally. The court considers various factors to determine what is fair.
• Factors Considered: The court takes into account factors such as the length of the marriage, the contributions of each spouse to the marriage (including non-economic contributions like homemaking), the age and health of the spouses, the earning capacity of each spouse, and any conduct that may have led to the divorce.

Factors Considered in Property Division

• Length of Marriage: Longer marriages may result in a more equal distribution of property.
• Contributions to the Marriage: This includes financial contributions, as well as contributions as a homemaker or caregiver.
• Economic Circumstances: The financial situation of each spouse, including income, employability, and future earning potential.
• Health and Age: The physical and mental health of each spouse can impact the division, especially if one spouse has higher medical needs.
• Standard of Living: The standard of living established during the marriage and each spouse's ability to maintain a similar standard post-divorce.
• Marital Misconduct: While Michigan is a no-fault divorce state, in some cases, conduct such as wasting marital assets can be considered in property division.

Adoption and Guardianship

Types of Adoption

• Domestic Adoption: This includes the adoption of a child within the United States, either through an agency or a private arrangement. Our attorneys can guide you through the legal requirements and procedures.
• International Adoption: Adopting a child from another country involves additional legal steps and compliance with international laws. We help navigate these complex processes to ensure a smooth adoption.
• Stepparent Adoption: When a stepparent wishes to adopt their spouse's child, we facilitate the legal process to establish legal parental rights and responsibilities.
• Relative Adoption: Adoption by a relative, such as a grandparent or aunt, can be a solution when biological parents are unable to care for the child. We assist in obtaining the necessary legal approvals.
• Foster Care Adoption: Adopting a child from the foster care system involves specific procedures and considerations. We provide legal support to help foster parents transition to adoptive parents.

Legal Process for Adoption

• Home Study: A thorough assessment of the adoptive family's home environment and readiness to adopt.
• Termination of Parental Rights: The biological parents' legal rights must be terminated, either voluntarily or involuntarily, to proceed with the adoption.
• Court Hearings: Legal proceedings to finalize the adoption and establish the adoptive parents' legal rights and responsibilities.

Guardianship vs. Adoption

• Guardianship: Establishes a legal relationship where an adult (guardian) is given custody and responsibility for a minor child or an incapacitated adult. Guardianship does not terminate the biological parents' rights.
• Adoption: Permanently transfers all parental rights and responsibilities from the biological parents to the adoptive parents, creating a new legal parent-child relationship.

Prenuptial and Postnuptial Agreements

Purpose and Benefits

• Asset Protection: Safeguards individual assets acquired before the marriage and outlines how assets acquired during the marriage will be divided in the event of divorce or death.
• Debt Protection: Clarifies responsibility for debts incurred before and during the marriage, protecting each party from the other's financial liabilities.
• Spousal Support: Specifies terms for spousal support, potentially avoiding disputes and lengthy negotiations during a divorce.
• Inheritance Rights: Ensures that children from previous relationships receive their intended inheritance, protecting their rights and the estate's integrity.

Legal Requirements for Valid Agreements

• Voluntary Agreement: Both parties must enter the agreement voluntarily, without coercion or undue pressure.
• Full Disclosure: There must be full and honest disclosure of all assets, debts, and financial circumstances by both parties.
• Fair and Reasonable: The terms of the agreement must be fair and reasonable at the time of execution and not unconscionable.
• Written and Signed: The agreement must be in writing and signed by both parties.

Enforcement of Agreements

• Legal Review: Our attorneys review prenuptial and postnuptial agreements to ensure they comply with Michigan law and are enforceable in court.
• Negotiation and Drafting: We assist in negotiating terms that reflect the interests and concerns of both parties and draft clear, comprehensive agreements.
• Modification: If circumstances change, we can help modify existing agreements to better reflect the current situation and intentions of both parties.

Contact Marko Law for a Free Consultation and Expert Legal Assistance

At Marko Law, we understand the complexities and sensitivities involved in domestic issues. Our team of experienced attorneys is dedicated to providing compassionate and comprehensive legal support to clients in Genesee County. If you are facing a domestic issue, do not navigate this challenging time alone.

Contact Marko Law today for a free consultation and let us help you find the best legal solution for your situation.

• Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
• Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
• Website: Marko Law

Our commitment is to ensure that your rights are protected and that you receive the support you need to move forward. Trust Marko Law to be your advocate in resolving domestic issues with professionalism and care.