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We know that a divorce is never easy. It affects both parties financially and emotionally. We strive to
minimize hostile and negative issues by providing you with straight-forward answers and encouraging
you and your spouse to agree on as many issues as possible. If your goal  is to  "destroy" your spouse
then we are not the law firm for you. We pride ourselves on being fair, honest and offering you the
very best legal representation without compromising your legal rights.
A good website to visit if you have minor children.
http://www.uptoparents.com
http://www.parentsforever.org
    Common Questions Regarding a Divorce
    Q: How long does it take to get a divorce?
    A: If the parties have no minor child or children then the divorce can be completed in 60 days. If the
    parties share a minor child or children then the divorce can be completed in six months from the date of
    filing for divorce. If the parties agree on issues of property division and custody then the divorce is less
    expensive and is usually finalized in the time period stated above.
    Q:  Is there an advantage to filing first for divorce?
    A: Under some circumstances, the answer is yes. If the parties are not living together and share minor
    children then the party to file first may get a court order granting temporary custody and child support.
    Further, the party filing first may request that the spouse pay a portion of his or her attorney fees and that
    both parties be ordered to continue to pay the marital bills and not deplete or hide any marital assets.
    Q: Do I have to state why I want a divorce and what if my spouse refuses to let me divorce?
    A: In Michigan, we have "no fault" divorce so the court will not ask why you are getting a divorce and the
    court documents prepared by your attorney will most likely not include fault issues of either party. All that
    needs to be said is that there has been a breakdown in the marriage and no possibility of reconciliation.
    A spouse cannot refuse you a divorce. Even if the spouse refuses to recognize or participate in the court
    proceedings the divorce will go through.
    Q: How is the amount of child support determined?
    A: The amount of child support paid to the custodial parent by the non-custodial parent is usually
    determined by the Friend of the Court who looks at the number of minor children, the net incomes of both
    parties and whether day care services are needed if both parents work. Your attorney should be able to
    estimate what the amount will be depending on which parent has physical custody.
    Q: What is the difference between physical and legal custody and can both parties share these?
    A: Both parties can share physical and legal custody of the children; however, in most cases one parent
    will have physical custody and the other parent will have reasonable visitation rights. Physical custody is
    where one parent has the children most of the time while the non-physical custody parent has a minimum
    visitation of one evening a week, every other weekend and alternating holidays. Usually both parents
    share legal custody which means that both will share equally the children's school, religious and medical
    concerns. Recently, the terms physical custody are not used in a divorce judgment because many think
    that a parent is then a "winner" or "loser", depending upon which parent received physical custody.
    Consequently, many courts permit the wording "joint custody" with the "residence of the child or children
    with one parent" and the other parent has reasonable visitation and most likely pays child support.
    Q: Do I need an attorney in a divorce and how much can I expect to pay?
    A: Of course you need an attorney because you want it done right and you want a fair distribution.
    Lawyers charge different amounts depending on their experience and the complexity of the divorce. A
    divorce can cost between $1200 and thousands of dollars. The more you and your spouse agree on
    issues of custody and marital asset and debt distribution the less costly is the divorce. Fighting over who
    gets which pots and pans or custody of Fido, the dog, gets very expensive.
    Q: What if my former spouse refuses to give me visitation of my child and constantly tells my child
    that I am a bad person?
    A: The court takes very seriously the refusal of a court order of parental visitation. Your attorney should
    file a motion to show why the offending former spouse should not be held in contempt of court with the
    possible remedy of a change in custody, a fine, or possible jail time. Specifically, 1) apply a makeup
    parenting time policy established under MCL 552.642; 2)commence civil contempt proceedings under
    MCL 552.644; 3) file a motion with the court under MCL 552.517d for a modification of existing
    parenting time provisions to ensure parenting time, unless contrary to the best interests of the child; 4)
    schedule mediation subject to MCL 552.513; or 5 )schedule a joint meeting subject to MCL 552.642a.
    Most, if not all, judges have a primary interest in fostering a meaningful relationship between the parent
    and the child and are not pleased when a parent attempts to poison the mind of their child against the
    other parent.
    Q: I was just served divorce papers and my spouse tells me I do not need to get a lawyer, that her
    lawyer will handle everything. Is this a good a idea?
    A: Generally speaking, it is not a good idea and you should seek your own legal counsel. If you do
    nothing with the complaint for divorce and more than 21 days has past from the time that you were
    served then your spouse's attorney will most likely enter a default against you, which simply means you
    may be unable to defend yourself in court. It is a conflict of interest for one attorney to represent both
    parties in a divorce.
    Q: How is the marital estate (assets and debts) usually divided in a divorce? I made all the money in
    our marriage so I am entitled to all of it, right?
    A: No. The marital assets and debts are usually divided 50-50, including your retirement plan built during
    the marriage, regardless if one spouse worked and the other spouse did not. A pre-existing  prenuptial
    agreement, however, could change the asset and debt division in the event of divorce and we
    recommend a prenup agreement prior to marriage when one person has substantially more assets than
    the other.
        
Other quick facts: 1) Giving $30.00 worth of clothing to your child(ren) is not a substitute for a $30.00 child
support payment. 2) Child support is calculated using both parent's income. Incomes of other spouses are not
used. 3) Failure to pay child support may result in reporting to the credit bureau, passport denial, various
licenses (driving, professional, hunting) may be suspended and even a felony warrant. 4) The Friend of the
Court will review child support orders once every three years or upon written request. 5) Bankruptcy does not
discharge child support arrears or obligations. 6) The residence of the minor child may not be moved from the
State of Michigan without consent of the other parent or permission of the court. 7) Missed parenting time
must be reported to the Friend of the Court within 56 days or it will be deemed waived. 8) Both parties may
agree to opt out of the Friend of the Court.

The answers given above are intended to give you general guidance but it is always necessary to consult
an attorney regarding your specific circumstances.                                                      
Derik R. Girdwood, Attorney and Counselor at Law
(586) 783-8095
75 North Main Street, Mt. Clemens, MI 48043
Located across from the Macomb County Circuit Court
Appointments available on Saturday
Complete explanation of court procedures
Email:  michlawyer1@comcast.net