FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE

 

How much does a divorce cost?

 

The cost for a divorce varies on a case by case basis based upon how much dissention there might be. Your initial retainer fee will typically be in the range of $900.00-$3500.00 or more. The fee will be an hourly rate of $210.00 per hour until your initial retainer is used up. Costs advanced on your behalf will also be taken out of the initial retainer fee (typically court costs). Cases that proceed smoothly can typically be completed without exhausting the above fees. However, the retainer is always non-refundable. Thus, you will not get a refund, even if you change your mind later.

 

What are the grounds for divorce?

 

Michigan is a  "no fault state." This means the court will grant a divorce if either party seeks ones. Every divorce, child custody dispute, or property dispute case must be heard in open court.

 

In Michigan the court may consider who is at fault in determining division of marital property. However, it is court error to place too much evidence on the facts of fault and make it the punishment for an unequal division of property. We can help in representing parties in this type of fight.

 

What if my spouse lives out of state?

 

Michigan law provides that a divorce can be granted if either party has resided in the State immediately before the filing for divorce for a 6 month to 1 year period of time. Therefore, a divorce can be granted in Michigan even if your spouse has moved out of state.

 

What about Alimony (maintenance)?

 

Maybe. Courts have historically looked to many factors to determine if one spouse has to pay alimony. These factors may include the following:

Past relations and conduct of the parties

 

• Length of the marriage
• Ability of the parties to work
• Source and amount of property awarded to the parties
• Age of the parties
• Ability of the parties to pay alimony
• Present situation of the parties
• Needs of the parties
• Health of the parties
• Prior standard of living of the parties and whether either is responsible for the support of others
• General principles of fairness

 

Who will get custody of the children?

 

Custody is determined according to what is commonly called the "best interest of the child" standard. The court can by law only consider what is best for your children. The following factors are used in evaluating this standard:

 

• The love, affection, and other emotional ties existing between the parties involved and the child.
• 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.
• The capacity and disposition of the parties involved to provide the child with food, clothing, medical care of other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
• The permanence, as a family unit, of the existing or proposed custodial home or homes.
• The moral fitness of the parties involved.
• The mental and physical health of the parties involved.
• The home, school, and community record of the child.
• The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
• 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 parents.
• Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
• Any other factor considered by the court to be relevant to a particular child custody dispute.

 

The court will evaluate all of these and other factors to determine the custodial arrangement of any minor children.