Divorce is one of the most difficult things that someone has to deal with in their lifetime. When served with divorce papers or just considering your options, you need an experienced attorney that can guide you through every step in the process. There are many issues that must be handled when going through divorce. This can be overwhelming for someone on a normal day, and especially so when they are facing the end of a committed relationship.

Custody

For parents of minor children, the first questions are: What’s going to happen regarding child custody…where will my children live and how much time will I be able to spend with them? As a parent himself, Michael Dick understands just how important those questions are. In a perfect world, both parents will be able to come to a custodial agreement that works for both parties. Often times the parties cannot come to an agreement and the Court will have to decide on the custody arrangement. In Michigan, there is a presumption that it is in the best interest of the child to have a strong relationship with both parents. Michigan Courts also look to 12 main factors to determine what custody arraignment is in the best interest of the child or children. These factors are also used when the Court is considering modifying an established custody order.

MCL 722.23 “Best interests of the child” defined.

As used in this act, “best interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:
  (a) The love, affection, and other emotional ties existing between the parties involved and the child.
  (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
  (c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
  (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
  (e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
  (f) The moral fitness of the parties involved.
  (g) The mental and physical health of the parties involved.
  (h) The home, school, and community record of the child.
  (i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
  (j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent.
  (k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
  (l) Any other factor considered by the court to be relevant to a particular child custody dispute.

History: 1970, Act 91, Eff. Apr. 1, 1971 ;– Am. 1980, Act 434, Imd. Eff. Jan. 14, 1981 ;– Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993 ;– Am. 2016, Act 95, Eff. Aug. 1, 2016

Division of Assets

Michigan is a no-fault divorce state. A divorce will be granted regardless of the fault or lack of fault of either party. Yet, fault can come into play when dividing marital property or when one party asks for spousal support. You deserve an experienced attorney who knows the law and will fight to protect what you have worked hard to earn.
Marital property will need to be divided in a divorce. Once again, if the parties cannot agree, a Judge will decide on the division of assets.
What is considered marital property?
In a basic sense, marital property is any asset, property or debt that was acquired during the marriage. This does not include property or assets that were owned prior to the marriage, though if these assets were comingled with marital property, that property may be considered marital property. Likewise, assets gained through inheritance are not considered marital property but can be considered so if they are comingled. An experienced attorney will be able to assist you in determining what assets are to be divided in a divorce.

Spousal Support

Spousal support, sometimes referred to as alimony, can be awarded in Michigan and is ordered based on several factors.
These factors may include:
● Past relations and conduct of the parties.
● Length of the marriage. The length of the marriage is especially relevant when one spouse has no career or limited education.
● Ability to work. A Court is more likely to award spousal support if one party is unable to work based on a disability or a handicap.
● Age of the parties. An older spouse, especially if not currently in the workforce, will have a more difficult time becoming self-supporting after a long marriage.
Being represented by a knowledgeable attorney is essential to establishing whether spousal support is appropriate in your circumstances or what amount and for what duration should be appropriate in your divorce.

100 Mile Rule

Generally, when a child or children are considered to have joint residence with each parent, neither parent shall change the residency (move to another location) of the child or children to a location that is more than 100 miles from the location of their residency at the time the custody order was entered.
This rule does not apply if one parent has sole legal custody the child or children. This rule also does not apply if, at the time the custody order was entered, the child or children’s two residencies are more than 100 miles apart or if the change results in the child or children’s residencies being closer together. This distance is measured in a straight line “as the crow flies”, rather than based on road distances.
Both parents can consent to such a move, but if they do not, the Court considers certain elements to be met before it will grant approval of such a move:
Whether the legal residence change will improve the quality of life for both the child/children and the relocating parent. Here the best interest factors are also considered.
The degree to which each parent has used his or her time under the governing custody order, and whether the parent’s plan to change the legal residence is an attempt to defeat or frustrate the current parenting time schedule.
The degree to which the Court is satisfied that if the Court permits the residency change, it is possible to order a modification of the parenting time schedule in a manner that can preserve and foster the parental relationship between the child or children and each parent and whether each parent is likely to comply with the modification.
Whether the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation
Domestic violence, regardless of whether the child was a witness or victim of the domestic violence.
Any move outside of the State of Michigan must also be approved by the Court regardless of the distance.

Change of Custody

Any change of custody, even when both parents agree, requires filing a motion and an order signed by the Judge for the change of custody to be enforceable. If the parents do not agree to the change of custody, a Judge can modify an existing custody order if there has been a proper cause or a change in circumstances.
This change of circumstances must be significant, more than the normal changes, good or bad, that can happen in a child’s life. Proper cause must be related to at least one of the 12 best interests of the child factors.
For any change of custody, the Judge must decide whether the child has an established custodial environment. If the there is an established custodial environment, the moving party must show that changing custody is in the child’s best interest.
Establishing a significant change of circumstances or proper cause can be a large obstacle to overcome. Michael Dick has years of experience ensuring that his client’s are informed of what is required and diligently working on behalf of what is best for their children.