DID YOU KNOW?
Fault is relevant to your divorce!
No fault divorce means that it only takes one party to dissolve a marriage. There is no way to oppose or object to a divorce or preserve a marriage if you or your spouse want a divorce. Fault, however, is relevant to the terms of the Divorce Judgment on issues such as child custody, property division and alimony. Fault typically includes issues such as spousal abuse or cheating. It is a common misperception that no fault divorce makes all misconduct irrelevant. This is NOT TRUE, and Dart Drouillard would be happy to explain this to you at an in person consultation.
DID YOU KNOW?
You should file first!
Why? Because the party filing first is able to present "ex-parte" orders to the Judge for entry without notice to your spouse. The Defendant, or non-filing party, does not get to enter orders on an "ex-parte" basis. He or she may only ask the court for relief by giving notice to the Plaintiff, which gives him or her the opportunity to be heard before the court issues the requested order. These orders, if signed by the Judge, are in effect at the time the case starts and can effect the use of the marital residence, child custody, access to financial assets and many other items. The proper use of an ex-parte order can prevent an angry spouse from liquidating accounts or running up debt or from removing children from their home. However, the improper use of these orders can cause interference with parenting, custody and payment of bills and obligations. By filing first, you can make sure that these orders protect your interests and that you will not be served with binding orders at the onset of your case.
DID YOU KNOW?
Child Support amounts are based on the annual overnight schedule!
Based on recent changes to the Michigan Child Support Guidelines, support in Michigan is determined by a complex formula based in large part on the number of overnights that each party receives on an annual basis. Parties with equal income levels and equal annual overnights pay no child support. Equal annual overnights per party results in substantially lower support payment requirements. This new formulation finally recognizes that parties providing substantial care for children are deserving of lowered child support obligations. Many existing support orders are based on outdated formulations prior to these amendments. However, this formulation also encourages less involved parents to insist on additional overnights in order to gain a reduction or elimination of support obligations, regardless of the children's best interest. If you face either of these situations, contact Dart Drouillard for a consultation that will explain all of your options in detail.
DID YOU KNOW?
Property settlements can never be changed!
Some assets are considered marital and subject to division in a divorce. Some assets are considered separate property and are not subject to division in a divorce. Michigan law on marital property is confusing with many categorizations, exceptions and specific criteria. Property distribution in a Divorce Judgment is non-modifiable. This means that unlike child support or alimony, a property settlement cannot be changed if your financial situation improves or deteriorates after entry of a judgment. You get only one chance to enter into a property settlement that is in your best interest.
DID YOU KNOW?
You do not have to move out of the marital residence unless the court orders you out!