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West Bloomfield Family Legal Terms

Family Law Legal Terms

1. DIVORCE REQUIREMENTS

If you are contemplating a divorce you need to know what is required under the law. You are required to be a resident of the State of Michigan for at least 6 months prior to filing a complaint for divorce. MCL 552.9 You are required to reside at a residence in Michigan for at least 10 days before your file your complaint for divorce. The complaint will be filed in the County for which you are a resident for at least 10 days immediately before you file. The complaint will be filed in the circuit court, family division of the county in which you lived for at least 10 days prior to fling. Michigan is a “no fault state”, meaning that neither party has to demonstrate fault for the break down of the marriage. However, you will need to allege in your complaint for divorce that there has been a breakdown in the marriage and there is no reasonable likelihood for reconciliation.

If you have children, Michigan law requires you complete a verified statement and file it with your complaint. You must notify the court of any existing court matters regarding your child, or children. MCL 600.659 The law requires you to state where the children have lived for the last five years. When you file you will be allowed to ask the Judge for ex parte orders: ex parte orders are orders entered without the other sides input. The following are examples of ex parte orders that can be requested at the time you file your complaint for divorce:

Mutual Restraining Order Regarding Assets: This order prevents either party from selling off assets, changing beneficiaries, increasing debt, closing bank accounts, removing a spouse from health insurance, life insurance and/or auto insurance and any other relief that your circumstances may uniquely require.
Financial Status Quo Order: This order assures that marital bills are going to be paid, and that each spousal continues to live in the manner that they were prior to the filing. These orders are unique to your facts and circumstances.
Temporary Custody: In some cases one party will move out of the martial home leaving the other party with the children, or both parties may be arguing for custody. The party that obtains an ex parte custody order can have a big advantage in the case. Your divorce case can last up to a year or longer. An ex parte order can establish a custodial arrangement, and the court may find it difficult to change the environment for the children. If you are in a situation where one of the parties has moved out of the home where the children reside custody is an important issue, so you must act fast. Contact a lawyer right away! The lawyer must be seasoned, experienced and a proficient in handling this type of situation. Hire a lawyer who specializes in child custody.
Temporary Child Support Order: This order is quite often part of the custody order. The custodial parent receives temporary child support from the non-custodial parent. The child support can be suspended based upon the entry of a financial status quo order. To further explain, if one of the parents is out of the home, but is continuing to pay all of the bills and supplying the other parent with an income to maintain their living status then child support would amount to double payments. Circumstances differ and we advise that you contact an attorney specializing in divorce and custody cases.
Temporary Spousal Support/Alimony: In certain circumstances a request for temporary spousal support/alimony is appropriate. This case typically involves a divorce where one of the parties is the financial breadwinner and the other party has taken care of the home. Typically this request will also be considered in conjunction to a financial status quo order. Again, a party shouldn’t have to pay double and the court is making this decision without the other side giving any input. Therefore, it is important to hire a lawyers who knows what the court looks for and will aggressively advise you when you seek relief that is unreasonable.
Other Orders: The above list is a general list of orders requested on a regular basis, however, every divorce case is different and other relief may be appropriate in your circumstances. Seek a lawyer that specializes in family law cases.

The laws, requirements, and procedure for a divorce, and/or family law case can be emotional and complicated. Seek out a professional who specializes in this area of the law. The attorneys at Law Offices of Timothy R. Ash, PC are seasoned veterans ready to serve you. Contact us today for a no obligation consultation.

2. LEGAL SEPARATION

Michigan law allows for legal separation. A legal separation provides relief for the following:

Equitable division of your property
Spousal support/alimony
Temporary and permanent custody
Temporary and permanent child support
Temporary and permanent health care
Temporary and permanent parenting time
Allocate the children as tax deductions
Temporary ex parte orders
Separate retirement
Other circumstances

A legal separation can do all things that a divorce proceeding can do expect provide a legal divorce. A legal separation may be utilized where the parties wish to continue health insurance on one of the parties policy and that persons employer does not recognize a legal separation as terminating health insurance. Other parties have considered a legal separation as opposed to divorce where they are unsure as to whether they want the finality of the divorce.

Whether to consider a legal separation instead of a divorce must be carefully considered. Consulting a professional who specializes in divorce and family law matters is a must. The attorneys at Law Offices of Timothy R. Ash, PC are seasoned veterans who care about your circumstances. Call today for your no obligation consultation.

3.CHILD SUPPORT

The Michigan legislation has adopted the Michigan Child Support Guidelines as the rules to be followed when establishing child support. Recently, Michigan revised its formula for calculating support. Prior to this change, child support was calculated based upon the parties incomes. There were three types of child support that the family courts considered: traditional child support, shared economic child support and split custody, or 50/50 child support.

The new Michigan Child Support Guidelines instituted a different formula and now the formula not only looks at income, but it also considers the number of overnights each parent has with the child, or children. The Michigan laws on parenting time and child support are clearly separate. A parent has a right to have parenting time with the child, or children. A parent is obligated to pay child support.

However, in looking at this new Michigan child support formula it is clear to see that parenting time and child support have a direct barring on one another. A seasoned veteran attorney in the area of family law, child custody and divorce is equipped to navigate through the children support and parenting time conflicts. It must always be kept in mind that the best interest of the child, or children is the number one consideration. By law the court is obligated to consider the child, or children’s best interest first. Our attorneys at Law Offices of Timothy R. Ash, PC are aggressive, knowledgeable and equipped to assist you in any situation. Our attorneys are eager to hear from you, give us call for a no obligation consultation.

4. TEMPORARY CHILD SUPPORT

In certain circumstances temporary child support may be ordered by the court. This order may be ex parte, that is upon your filing a complaint for divorce, separate maintenance, custody, or child support which is reviewed by the judge without the other side having input. You may be required to file a motion requesting temporary child support. Knowledge and skill are important when you request temporary child support. Knowing the court, the system, and the judge is, or can be vital. Seek out the services of an attorney who is well establish in the field and in the county you are filing in.

When do you request temporary child support?

Temporary child support is usually requested when one of the parents has left the home. There are other instances in which temporary child support is warranted. However, usually when the two parents continue to reside in the same home during the divorce process then the financial status quo, that is how the parties were receiving income and paying there bills usually continues through the divorce until the divorce judgment is entered.

Child support and parenting time issues can be volatile in the divorce, or other family law process. You need aggressive and accurate advise to achieve the proper legal positioning. The right lawyer will help you get the edge. The attorneys at Law Offices of Timothy R. Ash, PC are experienced and well capable of giving you the legal edge you need in your divorce, or other family law proceeding.

The firm’s founder, Timothy Ash clerked for three circuit court judges while putting himself through law school. Mr. Ash is familiar with the court process both as an attorney and a judge’s clerk. When you want a winning advantage hire the lawyers with proven success. Temporary orders usually require emergency assistance and why we at Law Offices of Timothy R. Ash, PC give you our 24 hour cell phone number. We are responsive to your needs. Give us a call for a no obligation consultation.

5. TEMPORARY CUSTODY

In certain circumstances temporary child support will be ordered by the court. This order may be ex parte, that is upon your filing a complaint and the judge will review your request for relief without the other side having input. You may be required to file a motion requesting temporary child custody.

Knowledge and skill are important when you request temporary child custody. Knowing the court and the judge is, or can be vital. Seek out the services of an attorney who specializes in family and divorce law, knows the Court and the system.

When do you request temporary child support?

Temporary child custody is usually requested when one of the parents has relocated. There are other instances in which temporary child custody is warranted. Child custody and parenting time issues can be volatile in the divorce, or other legal process. An aggressive lawyer can make the difference in achieving the proper legal positioning. The right lawyer will help you get the edge. The attorneys at Law Offices of Timothy R. Ash, PC are experienced and well capable of giving you the legal edge you need in your divorce, or other legal proceeding. The firms founder, Timothy Ash clerked for three circuit court judges while putting himself through law school. Mr. Ash is familiar with the court process both as an attorney and a judge’s clerk. When you want a winning advantage hire lawyers with proven success. Temporary Orders usually require emergency assistance. That’s why we at Law Offices of Timothy R. Ash, PC give you are 24 hour cell phone number. We are responsive to your need. Give us a call for a no obligation consultation.

6. ANNULMENT

Validity of Marriage
The law of the state, or country where you are married generally determines whether you have a legal marriage. In some countries as well as some states, the parties share in a religious ceremony which in the eyes of that community demonstrates a marriage. However, a religious marriage does not meet the requirements of a legal marriage and therefore, does not need to be dissolved. For a marriage to be valid in Michigan the following must exist:

Neither party can be married.
Michigan does not allow same sex marriages.
Michigan does not allow parties who are related by blood.
In order to be married in Michigan you must be at least 18 years of age or 16 and 17 with the consent of a parent, or legal guardian.
Both parties who are to be married must be mentally competent to enter into the vows of matrimony.
Neither party can enter into a marriage under fraudulent circumstances, nor can either party be forced to marry and both parties must make a knowingly voluntary decision to marry.
To get married the couple must obtain a license from the clerk of the county in which they reside. MCL 551.101

Annulling an Invalid Marriage

An annulment proceeding is instituted to obtain a judicial ruling that a valid marriage never took place because of a defect existing when the parties were married. In contrast, a divorce proceeding is instituted to terminate a valid marriage for reasons that occurred after the marriage took place.

An annulment is an appropriate way to dissolve two kinds of marriages. The first type of annulment proceeding would claim that the marriage never took place. The second type of annulment is more common and claims that the legal married should be declared void. The statutory grounds for declaring a marriage void are consanguinity, affinity (either party was not capable of contracting), bigamy, fraud, duress and non-age. MCL 552.1-2.

Advantages of Annulment

There are several possible advantages to an annulment, over a divorce, but some of the most common are as follows:

Any perceived stigma of divorce is avoided.
Spousal support, pension, property division, and other potential obligations can be avoided.
There are no lengthy residency requirements.
There is no mandatory 60 day waiting period before a hearing.

Some of the disadvantages of an annulment are as follows:

Spousal support is hardly ever granted.
The woman has no dower rights in her husbands property.
Spousal support may be barred by estoppel, prior knowledge, or other grounds and proof may be difficult to obtain.

When considering an annulment, or determining the legal effect it is important that you contact a knowledgeable family lawyer to assist you. Whether you should file a divorce, or annulment proceeding may depend upon your facts and the skill and advise of your attorney. Consult an attorney before filing any action. The attorneys Law Offices of Timothy R. Ash, PC understand the challenges you face when deciding to separate from your spouse. Our attorneys care about you, we make ourselves available and explain your situation in terms that you can understand. Give one of our knowledgeable experienced attorneys a call today.

7. CHOOSING THE RIGHT ATTORNEY

The most important fact to know about choosing the right attorney is to select an attorney that you trust. This is easier said than done. How do you know which attorney you should put your faith in? How do you know what attorney you can trust.

You should make a check list of certain basic requirements that any attorney you consider must possess. The following is a suggested check list:

How long has the attorney been practicing law?
Does this attorney specialize in the area you need assistance? (Often attorneys can say they specialize in different areas, ask specific questions about their practice, how many cases they have handled in their area what is the percentage of cases handled in the area of need.)
What is the attorneys fee? (a fee arrangement can be contingency, hourly, or a combination) Make sure you understand completely all of the terms of the attorneys fee agreement. If an attorney does not have a written fee this is a sign that the attorney may not be the one for you.
How does the attorney present him, or herself?
Was the attorney on time to meet with you, is the attorney willing to provide you with different phone numbers, does the attorney provide you with an e-mail address, cell phone number. Bottom line, is the attorney accessible.
When you talk to the attorney, does the attorney generally care about your situation, or is the attorney more interested in talking about him/herself.
Is the attorney giving you honest advice, or is the attorney just telling you what you want to hear?
Does the attorney have an office front, is the office, or place where you meet suitable to conduct business?
What are the attorneys philosophies, how does the attorney feel about your case, are you receiving a good feeling from your interview with the attorney?
Does the attorney offer an initial consultation at no cost to you?
Does the attorney offer your sufficient time to make a determination as to whether you can trust the attorney, or is the attorney putting pressure on you to make a decision?
Is the attorney professional?
Is the attorney courteous?
Does the attorney demonstrate character and trustworthiness? (Remember, you are the client, you are in charge and demand answers. If the attorney is avoiding questions, or giving you what you consider double talk then chances are its only going to get worse as the representation continues.)
You want to select an attorney that lays out your circumstances in an orderly manner and provide you with potential solutions with alternatives to each solution. Certainly the lawyer won’t have all the answers, but the lawyer should be confident and aware of your circumstances, identify pitfalls and propose ways to help. If the lawyer does not have preliminary answers, suggestions, strategies offering ways to help you then the attorney probably isn’t for you.
You should feel the attorney is going to help you.

It is important to know what others say about the attorney you are considering. We encourage you to go to our video library and click on testimonials. See what other say about the attorney you are considering. Our attorneys are helpful, courtesy and ready to assist you. But don’t take our word for it, hear what others have said about our representation. The attorneys at Law Offices of Timothy R. Ash, PC invite you to contact them for a no obligation consultation.

8. COMMON LAW MARRIAGE

Common law marriages were outlawed in Michigan January 1, 1957. Although common law marriages are no longer litigated, common areas of litigation when two people choose to live together are the same common areas of a divorce:

Property division
Child custody
Child support
Parenting time
Other litigation unique to your circumstances
One of the key facts with regard to a long term common law arrangement is that neither party is entitled to spousal support.
Property division is also limited. The property division of two people living together will generally be governed by property law.

Those individuals who choose to live together without being married and have children could also be limiting their rights. However, the Child Custody Act, Child Support Act and Parenting Time Act all provide ways to seek relief in court.

If you have made a decision to live together without the benefit of marriage you are potentially limiting your rights. Our attorneys at Law Offices of Timothy R. Ash, PC would like to review your circumstances and provide you with the right advice. Contact us today for a no obligation appointment.

9. PATERNITY

Paternity is another way of saying the process to determine the child’s father. In Michigan, the paternity of a child may be established in several ways:

Most paternity actions are brought under the Paternity Act, MCL 722.711. If the man disputes he is the father then under the law he is entitled to proof. The most common way to prove if the man is the father is to obtain an order for DNA testing. Today dna testing can determine parentage within a 99.9% degree of certainty.
Paternity issues may be litigated in a divorce where the husband has reason to believe he is not the father.
Parents may also establish paternity under the Acknowledgement of Parentage Act. MCL 722.1001 by signing an Affidavit of Parentage which gives a child born out of wedlock a legal determination. The affidavit of parentage makes an initial custody determination in the mother and grants father parenting time.
Adoption proceedings are also a way to establish paternity.
Pursuant to the Uniform Interstate Family Support Act (UIFSA), MCL552.1101 and the revised Uniform Reciprocal Enforcement of Support Act (RURESA) MCL 780.151 allows a Michigan court to determine paternity if the paternity was not already established.

The purpose of a Paternity Act is to provide for support of the children born out of wedlock. The act allows circuit courts to compel and provide support for children born out of wedlock, to set forth procedures to determine liability, to authorize agreements providing for support and enforcement of such orders and to prescribe penalties for violation of certain provisions of the Act.

The Child Custody Act of 1970 can no longer be utilized to determine paternity. A man can not use the Custody Act to determine parentage unless he has acknowledged paternity pursuant to an affidavit acknowledging parentage, or other means.

Paternity actions can get complicated. Typically when these type of situations arise there is an immediate need for a legal response. If you are confronting a paternity situation you need immediate legal assistance. The attorneys at Law Offices of Timothy R. Ash, PC stand ready, willing and able to provide you with immediate relief. Give one of our attorneys a call today for a no obligation consultation.

10. MICHIGAN CHILD CUSTODY ACT

Before you can file a custody action in the State of Michigan it has to be determined that you are a parent of the child. The most common way an action is filed under the Child Custody Act is when both parties have filed an affidavit of parentage, and according to the affidavit mother has initial custody.

The Michigan Child Custody Act of 1970, MCL 722.21 allows a parent to request custody of his/her child, or children.

In a proceeding under the child custody act a party can, in the court’s discretion request dna testing. In Killingback v Killingback, father signed an Affidavit of Parentage following the child’s birth in 1998. When the custody was disputed in 2004 the trial court ordered dna testing which revealed that another man was the child’s biological father. In 2004 the trial court revoked the Acknowledgment of Parentage because the test revealed he wasn’t the father. This is one case where the court utilized its discretion in ordering a dna test. This is a difficult area of the law and many judges decline to grant testing. One of the key factors is the length of time and the relationship between father and the child.

When custody of a child is in questions emotions grow high. You need an attorney that will be responsive to your needs. The lawyers at Law Offices of Timothy R. Ash, PC are seasoned veterans when it comes to family law issues. We have gone through these types of circumstances with many clients. We willingly offer our service to you. Give one of our attorneys a call to day for a no obligation consultation.

Call us today at 888-89-GATOR or send us an email using the form below and we will respond to you within 24 hours.

Law Offices of Timothy R. Ash, PC
30300 Northwestern Highway
Suite 300
Farmington Hills, MI 48334
P: 248-540-9667
F: 248-932-3521
C: 248-921-8935 (24/7)