Family Law FAQ

Family Law FAQ's.

Divorce and family law matters can be complicated and emotionally challenging. There is no single blueprint for success. At McKinney Vos, our Michigan family law attorneys collaborate with our clients to create a custom plan to achieve an optimal resolution.

Here, we answer some of the most frequently asked questions about family law. We encourage you to contact our family law attorneys directly to schedule an appointment to discuss your unique situation.

How Much Does an Attorney Cost in a Michigan Family Law Case?

The cost of a Michigan family law case varies depending on how complicated and contentious the matter is and how much time our attorneys must devote to achieve our client’s desired outcome. The Michigan family law attorneys at McKinney Vos charge reasonable hourly rates.

Where Do I File My Family Law Case?

In Michigan, circuit courts hear family law cases, including those that involve:

You must file your family law case in the county where you, your spouse, or your children live. Michigan has specific jurisdictional requirements that define how long you, your spouse, or children must live in the county before filing there is appropriate.

Can I Get My Spouse to Pay My Legal Fees?

In some family law cases, a Michigan court may order one spouse to pay the other spouse’s attorney’s fees. The court will consider the financial resources of both parties, and may consider whether one party refuses to follow a court order without justification.

How Long Does a Divorce Take in Michigan?

Uncontested divorces without children can be finalized as soon as 60 days from the date the Defendant is served. Divorces that are contested or those that involve children cannot typically be resolved in less than six months. Contested issues such as child custody, child support, spousal support, or a complex division of assets can further affect the duration of a divorce.

How is Property Divided in a Michigan Divorce?

Courts will first classify property as separate or marital. Michigan courts generally divide marital assets equitably between the parties. Marital assets include property acquired during the marriage, such as bank accounts, retirement accounts, real estate, and debts. Alternatively, a divorcing couple can agree to a division of assets.

Separate property generally includes assets that were owned by one spouse before the marriage, and certain assets acquired during the marriage. An inheritance received by one spouse during the marriage, property excluded by a valid prenuptial agreement, compensation paid to one spouse as compensation for a personal injury, or a gift of real or personal property that is proven by clear and convincing evidence to have been given to one spouse are all examples of separate property. These assets generally remain with the spouse who brought them to the marriage and are not subject to division between the parties in a divorce.

How is Spousal Support Calculated?

When deciding whether to award spousal support, the amount of such support, and duration of support, the court can consider various factors, including the age, health, and earning capacity of each spouse, the couple’s standard of living during the marriage, the duration of the marriage, the assets and liability of each spouse, each spouse’s education and earning potential, any loss of income due to marital responsibilities, and other relevant factors.

Will I receive child support?

Both parents are required to support their children financially. Child support awards depend on the number of children, the custody arrangement, and other factors, such as each parents’ income and the amount of time the child spends with each parent.

Can Children Decide Which Parent to Live With?

Michigan courts start from the presumption that it is best for children to have frequent and continuing contact with both parents. The court will consider reasons why a different arrangement would be better for the children.

Depending on the age and circumstances of the child, the court may take their preference into consideration. When making child custody determination, the court is guided by the “best interests of the child.”

How Do I Choose A Divorce Lawyer?

Choosing a divorce lawyer can feel overwhelming. Given the far-reaching implications and the sensitive nature of family law matters, choosing the right family law attorney is crucial.

When selecting your family law attorney, consider:

  • Their experience.
  • Peer recognition.
  • How much of their time is devoted to family law.
  • Whether this attorney is someone with whom you feel comfortable.
  • Whether they have experience representing someone experiencing similar issues as you.

McKinney Vos provides comprehensive family law services for our clients in Michigan. We will learn about your unique situation and provide advice and legal guidance to protect your rights and your future.

Contact the Michigan Family Law Attorneys at McKinney Vos Today

The Michigan family law attorneys at McKinney Vos help our clients navigate the complex and challenging issues that can arise in divorce and other family law matters. We can help you make decisions to protect your rights and your future. Contact us today to schedule a confidential consultation to discuss your situation and how we can help.