If you are visiting my web page you are probably going through a difficult time. Your relationship with your spouse or partner and perhaps even your children has been shattered, and you do not know what to do. Perhaps you are dealing with the aftermath of a family law case, and you need guidance on understanding what happens next. You may feel lost and bewildered. You have read things on the internet and listened to stories from friends, and you do not know what is really true for you. I can answer your questions, and clarify your concerns.
I've been helping families in Oakland and Macomb counties to resolve family problems for over 25 years. I am here to help you and I do not charge for initial consultations unless you retain me. I only practice in the area of family law, which covers Divorce, Paternity, Child Custody, Child Support, Spousal Support, Property Settlements, Premarital Agreements, Domestic Abuse, Post-Judgment actions and mediation of disputes in those areas.
Membership in the Family Law Section of the State Bar of Michigan should be essential to your choice of legal counsel because lawyers in this organization have a superior understanding of this often-complex field and are best equipped to help you. We know the law, and we know how the system works. Others don't. I am a past Chair of that dynamic section and remain an active committee member. I am proud to have been honored with the section's Lifetime Achievement Award and other recognition. My decades-long membership in the American Bar Association's Family Law Section, a nation-wide organization, has immensely broadened my understanding of domestic relations issues.
Here are some common misunderstandings:
A child who is a certain age gets to decide who gets custody. Not true; while a child's preference may influence a judge's decision, and the older the child the more weight that preference will have, no child has the power to make that decision. There are many factors a court must consider in determining custody and the child's parental preference is only one of many.
There's no such thing as alimony/spousal support in Michigan. Again, not true. Michigan law allows a court to award alimony/spousal support depending on a number of factors including, age, health, length of the marriage and ability to pay support.
Both parties must consent to getting the divorce, otherwise it doesn't happen. Once more, not true. It is sufficient for only one side to want to be divorced. While the vast majority of divorce cases settle though agreement, if the parties cannot agree, the judge decides the issues at trial.
If parties live together long enough they are considered married under common law. Not in this State. Michigan abolished common law marriage in 1957. If parties qualified for common law marriage while living in another state and then moved here, a Michigan court will recognize common law marriage in that situation.
A parent can voluntarily sign away parental rights. Absolutely not. The State may terminate parental rights in the case of abuse, neglect, or abandonment. A newborn infant may be surrendered for adoption, and in certain instances a married step-parent may adopt a child, but otherwise, a parent cannot just sign away parental rights and responsibilities like signing off the title to a car, even if the other parent agrees.
Any property or financial account titled solely in the name of one spouse will be awarded to that spouse upon divorce because only jointly held assets can be divided. No; Title to assets (or debts) does not control how those assets or debts are allocated in the property division section of a judgment of divorce. While assets or debts acquired by a spouse prior to the marriage may stay with that spouse, there are exceptions even to that rule.
One way to get assets out of a marital estate so they won't be divided is to transfer them to a third party. That's a fraudulent transfer and a REALLY bad idea. Doing that brings the third party into the divorce case and subjects the spouse to harsh sanctions by the court. Hiding assets is never a good idea.
Michigan is a "no-fault" state so any type of misconduct during the marriage doesn't matter. Not so; "no-fault" in this context only means that an individual may legally file for divorce without needing to prove fault-based conduct. Claiming an irreversible breakdown in the marriage is all that is required. Misconduct, depending on its nature, may indeed have a bearing on deciding the division of debts and assets, on spousal support, and on child custody.
I would be pleased to answer your questions and honored to guide you through this difficult period in your life. Give me a call at 248 652 4000 or email me at elizabeth.sadowski@gmail.com. I will respond promptly.
Elizabeth A. Sadowski
