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DIVORCE IN MICHIGAN An Informational Guide Presented By: sinasdramis.com SINAS, DRAMIS, BRAKE, BOUGHTON & MCINTYRE, P.C. ATTORNEYS AT LAW Main Office: 3380 Pine Tree Road, Lansing, MI 48911 (o) 517-394-7500 | (f) 517-394-7510

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Page 1: DIVORCE IN MICHIGAN - Personal Injury Law Firmsinasdramis.com/wp-content/uploads/Divorce-in-Michigan...DIVORCE IN MICHIGAN An Informational Guide Presented By: sinasdramis.com SINAS,

DIVORCE INMICHIGAN

An Informational GuidePresented By:

sinasdramis.com

SINAS, DRAMIS, BRAKE,BOUGHTON & MCINTYRE, P.C.

ATTORNEYS AT LAW

Main Office:3380 Pine Tree Road, Lansing, MI 48911 (o) 517-394-7500 | (f) 517-394-7510

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SINAS, DRAMIS, BRAKE, BOUGHTON & MCINTYRE, P.C.

George T. Sinas

Timothy J. Donovan

Bernard F. Finn

Michael E. Larkin

James F. Graves

Bryan J. Waldman

Stephen H. Sinas

Joel T. Finnell

Robert J. Palmer

Thomas G. Sinas

Jacquelyn A. Dupler

A well respected law firm

with a distinguished reputation

serving Michigan families since 1951.

Thomas G. Sinas

(1922 - 1985)

Lee C. Dramis

(1922 - 1981)

Richard J. Brake

(Retired)

Barry D. Boughton

(Retired)

Kenneth G. McIntyre

(Retired)

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INTRODUCTION

This brochure has been developed for prospective clients and the general public by the Family

Law Attorneys at the Sinas Dramis Law Firm. For more than 50 years, the practice of Domestic

Relations Law has been an important and integral part of the legal work done by our firm. This

information is provided to allow you to make an informed choice about an important decision

in your life, that is who will help you at a very critical time for you and your family.

We appreciate and understand that there is great anxiety and uncertainty in not knowing about

divorce and the legal process. We offer this pamphlet as a vehicle to inform and relieve some of

that anxiety. If you know or care about someone that would find this information helpful, please

pass it along.

Best Wishes,

The Domestic Relations Team

Bernard F. Finn Jacquelyn A. Dupler

SINAS, DRAMIS, BRAKE, BOUGHTON & MCINTYRE, P.C.

Lansing Office Grand Rapids Office Chicago Office3380 Pine Tree Rd. 15 Ionia Ave. SW Ste. 300 321 North Clark St. 5th FloorLansing, MI 48911 Grand Rapids, MI 49503 Chicago, IL 60654Ph (517) 394-7500 Ph (616) 301-3333 Ph (312) 332-6162Fx (517) 394-7510 Fx (616) 301-3344 Fx (312) 332-6164

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SINAS, DRAMIS, BRAKE,BOUGHTON & MCINTYRE, P.C.ATTORNEYS AND COUNSELORS AT LAW

3380 Pine Tree RoadLansing, Michigan 48911

Ph (517) 394-7500Fx (517) 394-7510

www.sinasdramis.comE-Mail – [email protected]

INTRODUCTION TO DIVORCE

The following material is intended to answer some of your questions about divorce proceedings,generally. It is not intended to answer specific questions about a particular case, as each case is different.

The dissolution of a marriage may be a traumatic experience, and the attorneys at the Sinas DramisLaw Firm are well aware of the emotional involvement of the parties. Though we are not behavioralspecialists, we attempt to relieve your anxiety by attempting to assist in solving the problems whichconfront you during these proceedings.

In order to properly represent you, it is absolutely necessary for you to share with your attorney yourwishes. The attorneys at the Sinas Dramis Law Firm welcome your viewpoints. Withholdinginformation from your lawyer may effect the outcome of your case, so we advise you to be completelycandid with us. Please remember, that a fiduciary relationship (one of trust and confidentiality) existsbetween attorney and client.

Please be fully advised that, though we will counsel and advise you throughout the entire proceedings,the final decisions regarding a your case must be made by you. Our experience has shown that mostdivorce cases are settled. This means that in those matters, the parties eventually, through theirattorneys, reach an agreement which is placed upon the courts record. Never agree to something youdo not understand nor something you feel you are forced to agree to. Your consent to an agreementmust be voluntarily made, after consultation with your attorney. After an agreement is placed uponthe record, or in writing, it is extremely difficult to vacate and you should consider it binding on youand your spouse.

Finally, as your representatives, we are here to advise and inform you, provide you with the optionsand alternatives available to you, process your divorce matter, assist you in decision-making, andcooperate with you in attempting to obtain the best possible results on your behalf.

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GROUNDS FOR DIVORCE

Michigan is known as a “no-fault” divorce state; however, the words, “no-fault,” may be misleading.If the parties reach a final settlement on all issues, fault is not a factor. If there is a dispute as toalimony, (spousal support), property, support, parenting times, or custody, fault may become anactive ingredient in resolving these issues. It is for that reason that we may go over with you a historyof the indiscretions of the parties or other matters related to fault.

Basically, Michigan has a single ground for divorce, which is as follows: “There has been a breakdownof the marriage relationship to the extent that the objects of matrimony have been destroyed andthere remains no reasonable likelihood that the marriage can be preserved.” (In court, some judgesrequire a detailed showing of the marital breakdown; ie., that the matrimonial objects have beendestroyed and there is no chance for a reconciliation. Other judges require only one brief recitationof the facts or merely an assertion that your marriage is broken, and you will never live with yourspouse as Husband and Wife.)

SEPARATE MAINTENANCE

In Michigan, the Legislature has provided also for Separate Maintenance actions. These are seldomprocessed. The vast majority of actions for Separate Maintenance are sought when a party holds areligious objection to divorce. The procedure is similar to a divorce matter, except that neither partymay remarry. Further, the law provides that if one party files a Separate Maintenance suit, and theother party files for divorce, the court will only consider the case as a divorce matter and cannot enterJudgment of Separate Maintenance without the agreement of the parties.

ANNULMENT

There are also annulment proceedings in Michigan, which invalidate a marriage. Marriages may bevoid from the inception, or are “voidable” depending on the circumstances. The grounds includeincapacity to marry such as insanity, bigamy, under age, or any type of fraud that goes to the heart ofthe marriage. Parties desiring an annulment must not cohabitate, after discovering the impedimentto their marriage.

If you have any questions about Separate Maintenance or annulment, please advise the attorneys ofthe Sinas Dramis Law Firm of same, as the following material basically concerns divorce actions.

DIVORCE PROCEDURE

A party must reside in Michigan for 180 days and in the county where suit is started for at least 10days or the Courts will not have the power to grant a divorce.

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The Plaintiff is the party who starts the lawsuit and the Defendant is the person against whom thesuit is filed. All proceedings in the divorce matter are resolved by the Family Court in which thecase is started.

The Friend of the Court is an arm of the court which is used to assist the Court and the parties. TheFriend of the Court makes recommendations as to spousal support (sometimes referred to as“alimony”, child support, custody, and parenting time. The Friend of the Court also collects anddistributes spousal support and child support payments. They also may seek enforcement of courtorders dealing with support, parenting time rights, and alimony. The court may use the Friend of theCourt for other miscellaneous duties such as conciliation of custody and parenting time disputes.

The law suit for divorce is initiated by the filing of a Complaint in the Family Court. The FamilyCourt Clerk validates the Summons and returns the Summons and Complaint to your attorney foreffecting service of the papers upon the Defendant. It is necessary that these papers be “served”upon the Defendant. There are numerous ways of properly serving these papers. The classic methodof service was by having them delivered by a process server. There are additional more “civil”methods of serving these documents on the opposing spouse. Arrangements can be made forservice by having the party pick up the papers, by delivering the papers to the other party and havingthem sign a “receipt” or other methods which are perhaps more palatable than the conventionalmethod of service by the process server.

After the Complaint and Summons are other documents are served, the Defendant may file an answerto the Complaint which is, in effect, a paragraph by paragraph response to the Complaint. Once theanswer is filed, the case is contested. If the Defendant fails to answer the Complaint after the Complaintis served, an order of default may be entered, indicating the Defendant’s lack of response, and the matterbecomes an uncontested divorce case. The Defendant may desire not only to answer the complaint,but desire to file his or her own Complaint. This is known as a Counter-Claim and this must beanswered by the Plaintiff.

WAITING PERIOD

A divorce without minor children cannot be granted in less than 60 days. Where there are minorchildren the parties must wait 6 months. The 6-month period may be waived upon a proper showingof special circumstances, warranting same; however this is seldom done. No divorce is granted withouta court hearing as to the truth of the statements made in the Complaint. A brief hearing is necessaryeven if the matter is uncontested.

Temporary orders for custody, child support, spousal support, mortgage payments, medicalpayments, parenting time, injunctions, and other relief may be requested at any time between thetime the case is started and a Judgment of Divorce is entered. A temporary injunction restrains aparty from doing something.

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ATTORNEYS FEES FROM THE OTHER PARTY

There is statutory, court rule, and case law authority for the opposing party being required to pay allor a portion of the attorneys fees of the other party. The circumstances associated with this awardvary from case to case. Primarily, these awards are designed to equalize the representation of theparties. While in the appropriate case the attorneys at the Sinas Dramis Law Firm will seek to securewhatever attorneys fees can be obtained from the other side, you should not rely on those amountsbeing ordered or being paid, if ordered.

DURING THE PENDENCY OF THE DIVORCE

This period is usually spent defining the issues and attempting to resolve them. We also attempt tofind the net worth of the parties and the general financial status of the family. Interrogatories (writtenquestions) may be sent to the other side requiring answers under oath from the recipient which may,in part, request complete financial data. Depositions (cross examination before a court reporter) maybe taken to obtain further information from the other spouse or those that have the neededinformation. Appraisers, actuaries, (if pensions are involved), accountants or behavioral specialistsmay be used (with the client`s prior consent). Together, we will set the goals you wish to obtain. Thiswill not be done hastily, but you will be given opportunity to study the proposed settlement. Theattorney will advise you as to the likelihood of acceptance of your proposals or what a court may do.

DOMESTIC RELATIONS MEDIATION

If the efforts by the parties and their attorneys to resolve the parties’ differences in divorce areunsuccessful, the Court will commonly order the property, alimony and other child custody or supportrelated matters to a qualified mediator to assist the parties in securing a resolution of these matters.The Domestic Relations Mediators are specifically trained and designated lawyers qualified to helpthe parties and their attorneys in these disputes. Commonly attorneys will agree as to a particularmediator or the Court will simply designate one of the qualified mediators to act in this capacity.

The mediation process is a process which is extremely well suited to assist in resolving issues indomestic relations cases. After each of the attorneys for the parties have accumulated sufficientinformation to fully understand and set forth the positions of the parties, the attorneys will prepareand present to the mediator a summary of the history of the marriage, background on the parties,details as to assets and a proposal for resolution of the issues. After submission of these summaries,the mediator conducts a rather informal mediation hearing or meeting in an effort to bring the partiestogether with their attorneys to resolve all or some of the issues. The mediation process presents avery real and viable opportunity to bring resolution to the divorce case at a significantly reducedeconomic and emotional expense to the parties.

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Most domestic relations mediators are attorneys who are paid by the parties on an hourly basis fortheir services. These fees are usually equally divided between the parties and are usually billed at asomewhat lesser rate than the mediator would charge for legal services to their own clients.

Occasionally, under rather special circumstances, the parties and their attorneys may agree to have“binding” mediation. If this prospect is considered, the impact of this decision should be seriouslydiscussed and considered with your attorney. If settlement is reached, the parties will be asked to sign a settlement agreement containing all theprovisions of the settlement; or, they may be asked to approve the final Judgment. Further, the partiesmay be required to approve the settlement in court, before the Judge, after it is placed on the record.

If there remain unresolved issues after mediation, the Court will conduct a trial as to the unresolved issues.

FRIEND OF THE COURT CONCILIATION CONFERENCE

For many years the Courts in Mid-Michigan counties would commonly enter child custody and childsupport Orders to the first party to file a divorce or custody case. This was done even without allowingthe other party to have his or her position heard on these issues. The Courts have resolved that thisformer practice was, on occasion, unfair and may have the effect of polarizing the parties. As a resultmany courts are now referring these matters to the Friend of the Court for a meeting of the partieswith a qualified Friend of the Court employee. The Friend of the Court Conciliator will acquireinformation from the parties and attempt to work out an agreement as to the handling of custody,support and matters related to the children on an interim basis until the conclusion of the divorce.If the parties are able to agree to an Order on these matters, the Friend of the Court will prepare anOrder to be agreed to by the parties and submitted to the Court. If the parties are unable to reachagreement on these issues, the Friend of the Court will make a report and recommendation to theJudge and that will be the Court’s Order unless objections are promptly filed by the party that doesnot agree with the recommendation. A referee from the Friend of the Court or the Court will thendecide the contested issues.

The conciliation meeting is an important event in the divorce process. It is important that youpromptly respond to requests for information and meetings with the Friend of the Court. Pleaseadvise your attorney as soon as the Friend of the Court Conciliation meeting is set by the Friend ofthe Court so the handling of the meeting can be fully discussed.

It is the common practice of the Friend of the Court and the Courts that attorneys are not present orinvolved in this Conciliation Conference. While it is possible to have your attorney present, pastexperience has suggested that having the parties’ attorney present is not helpful.

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The Friend of the Court conciliation process is now being used to address other Friend of the Courtissues such as post judgment requests for increase or decrease in child support, spousal support orchanges of custody or domicile of the minor children.

JUDGMENT OF DIVORCE

The Judgment of Divorce is the most important document you will receive. After a settlement isreached and/or the case is tried, the Judgment of Divorce will be entered by the court, as your finaldecree, granting a divorce. It will also contain clauses dealing with such matters as spousal support,custody, child support, parenting time, pension rights, insurance, dower rights, property settlementand other miscellaneous clauses. If a settlement has been reached, you must carefully read andexamine this Judgment, and have your attorney explain it to you before you approve it.

You are not divorced until the Judgment is signed by the Judge and filed with the Clerk of the Court.

SPOUSAL SUPPORT

Spousal support, also known as alimony, is a sum of money paid by one spouse to another spousefor the support and maintenance of that spouse. The factors that are required to be considered bythe court in awarding spousal support are as follows:

1. The past relations and conduct of the parties.

2. The length of the marriage.

3. The ability of the parties to work.

4. The source and amount of property awarded to the parties.

5. The age of the parties.

6. The ability of the parties to pay spousal support.

7. The present situation of the parties.

8. The needs of the parties.

9. The health of the parties.

10. The prior standard of living of the parties and whether either is responsible for thesupport of others.

11. General principles of equity.

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Regular spousal support is typically ordered to be paid on a monthly basis and is usually taxableon the income taxes to the recipient, and is deductible by the payor on their income taxes. Thephrase “payment until death,” must be part of the spousal support clause, if it is to be consideredas taxable alimony.

Another type of spousal support, referred to as alimony in gross, has all the attributes of a propertysettlement, in that a party receives a lump sum.

There are many tax consequences and restrictions in regard to spousal support and alimony in gross,which should be explained to you by your attorney or your accountant. As state and federal tax lawsand their interpretation continually change, it is important to have a full understanding of the taximplications of your divorce.

Spousal Support is usually paid through the office of the Friend of the Court. This enables a party toobtain an accurate record of these payments. Also, it makes it easier to request assistance from theFriend of the Court in the event that payments are not forthcoming, or if a spouse denies receivingsaid payments.

Enforcement of spousal support payments is usually instituted by an Order to Show Cause. Theprocedure will be explained to you, by your attorney, upon request. If the parties come to anagreement with regard to spousal support, they may opt for the spousal support to be non-modifiable,meaning the amount and duration cannot be modified in the future. However, if the parties areunable to agree as to spousal support, the court may only order modifiable spousal support.

CHILD SUPPORT

Child support is always modifiable by the court upon a petition showing a change of circumstanceson the same basis as spousal support. This support is usually ordered until the minor reaches theage of 18 years, or completes his or her high school education, whichever event occurs latest, or, inexceptional circumstances, until the child is 19 ½. Enforcement of payments is the same as forspousal support.

Calculation of the amount of child support that is to be paid by the non-custodial parent to thecustodial parent is a complex matter. The law requires that the Court consider two principal factors.These factors are (a) the needs of the minor children, and (b) the ability of the respective parties topay support. It is clear that both parties are obligated to help support the minor child. Presently inuse in Michigan are Michigan Child Support Guidelines that have been developed by the MichiganFriend of the Court Bureau. These guidelines, now required to be used, provide for a calculation asto the appropriate level of support to be paid by one parent to the other for the minor children andby law are presumptive. These guidelines attempt to take into consideration the anticipated ability

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of each of the parties to earn funds and the respective needs of the children. These factors also takeinto consideration outside income and other factors. Our staff has the capability of calculating whatwould be anticipated in the form of child support award based on the circumstances of your case. Ifyou have questions about child support, please feel free to ask. Child support calculations now alsoconsider child care and health insurance costs of the parents.

If there is an arrearage of child support payments, medical expenses, etc., during the pendency of thedivorce action the Judgment of Divorce must contain a provision preserving this arrearage. The sameprovision holds true for any monies owing under any temporary order. In order to preserve a temporaryorder, it must be so ordered in the Judgment of Divorce. If it is not so ordered, it is canceled.

CHILD SUPPORT / DEPENDENCY EXEMPTION

Under present federal law, the custodial parent is entitled to take the minor child or children, asdependents, for all tax purposes unless there is an agreement to the contrary. The parties may agreethat the non-custodial parent shall have this allowance and enter this agreement into the Judgment.If the non-custodial parent is entitled to the allowance by the Judgment, that parent must obtain eachyear, from the custodial parent a signed Form 8332, which must be filed with the non-custodialparent`s other federal income tax forms.

CHILD CUSTODY

This issue is the most emotional and traumatic part of most divorce cases. There is sole custody, jointcustody, and many other forms. The legal basis for determining child custody is “what is in the bestinterests of the child.” Due to the extensive nature of custody disputes and the laws involved, thissubject is best left to an in-depth discussion with your attorney. You are advised to read and studythe child custody law, a copy of which will be given to you upon request.

A party involved in a child custody matter should become acquainted with the Child Custody Actof 1970, and study and be prepared to give their reasons for wanting custody pursuant to thefollowing factors:

(a) The love, affection, and other emotional ties existing between the parties involved andthe child.

(b) The capacity and disposition of the parties involved to give the child love, affection, andguidance and to continue the education and raising of the child in his or her religion orcreed, if any.

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(c) The capacity and disposition of the parties involved to provide the child with food,clothing, medical case or other remedial care recognized and permitted under the lawsof this state in place of medical care, and other marital needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and thedesirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficientage to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a close andcontinuing parent-child relationship between the child and the other parent, or the childand the parents.

(k) Domestic violence regardless of whether the violence was directed against or witnessedby the child.

(l) Any other factor considered by the court to be relevant to a particular child custodydispute.

When there are custody disputes, the parents must be advised that joint custody may be consideredby the court. The court shall determine whether joint custody is in the best interest of the child byconsidering the following factors:

“(1) . . .

(a) The factors enumerated in the above.

(b) Whether the parents will be able to cooperate and generally agree concerningimportant decisions affecting the welfare of the child.

(2) If the parents agree on joint custody, the court shall award joint custody unless the courtdetermines on the record, based upon clear and convincing decisions affecting the welfareof the child.

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(3) If the court awards joint custody, the court may include in its award a statement regardingwhen the child shall reside with each parent, or may provide that physical custody beshared by the parents in a manner to assure the child continuing contact with bothparents.

(4) During the time the child resides with a parent, that parent shall decide all routine mattersconcerning the child.

(5) If there is a dispute regarding residence, the court shall state the basis for a residency awardon the record or in writing.

(6) Joint custody shall not eliminate the responsibility for child support. Each parent shallbe responsible for child support based on the needs of the child and the actual resourcesof each parent. If a parent would otherwise be unable to maintain adequate housing forthe child and the other parent has sufficient resources, the court may order modifiedsupport payments for a portion of housing expenses, even during a period when the childis not residing in the home of the parent receiving support. An order of joint custody, inand of itself, shall not constitute grounds for modifying a support order.

(7) As used in this section of the law, “joint custody” means an order of the court in whichone or both of the following is specified:

(a) That child shall reside alternately for specific periods with each of the parents.

(b) That the parents shall share decision-making authority as to the important decisionsaffecting the welfare of the child.

PARENTING TIME

Parenting time is generally granted to the non-custodial parent. The Judgment may state that generalparenting time is granted and leave it up to the parties to decide the dates; or, specific parenting timehours and dates may be written into the Judgment. If long distances must be traveled to exercise thisparenting time, some arrangements can be made concerning the circumstances and the cost of same.

The issue of co-parenting or parenting time for non-custodial parents is a complicated matter. TheLegislature has said that parenting time shall be awarded consistent with the best interests of the child.The law provides that a child has a right to parenting time with both parents except if it is proven byclear and convincing evidence that parenting time would endanger the child’s physical, mental oremotional health. The statute also sets forth the factors to be used by the Court in determining thefrequency, duration and type of parenting time. They include:

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“(a) The existence of any special circumstances or needs of the child.

(b) Whether the child is a nursing child less than 6 months of age, or less than 1 yearof age if the child receives substantial nutrition through nursing.

(c) The reasonable likelihood of abuse or neglect of the child during parenting time.

(d) The reasonable likelihood of abuse of a parent resulting from the exercise of parentingtime.

(e) The inconvenience to, and burdensome impact or effect on, the child of travelingto and from the parenting time.

(f) Whether the visiting parent can reasonably be expected to exercise parenting timein accordance with the Court Order.

(g) Whether the visiting parent has frequently failed to exercise reasonable parentingtime.

(h) The threatened or actual detention of the child with the intent to retain or concealthe child from the other parent or from a third person who has legal custody. Acustodial parent’s temporary residence with the child in a domestic violence sheltershall not be construed as evidence of the custodial parent’s intent to retain orconceal the child from the other parent.

(I) Any other relevant factors.”

PROPERTY SETTLEMENT

A divorce in Michigan divides the marital estate. With limited exceptions, the marital estate includesall property and debts that are acquired during the marriage. The law provides that the focus shouldbe on when and how the property was accumulated or acquired and that title is not determinative.

A marital estate typically includes assets such as a home, vehicles, bank accounts, retirement accounts,and debts such as a home mortgage and credit card accounts. It is critical that you fully discuss allassets and debts with your attorney.

The parties usually arrive at a settlement of all their property rights after negotiation or after mediation.If settlement is not reached, the matter will be decided by the court after the trial is concluded. Again,you must be absolutely sure that you understand and accept any settlement as written, or placed on therecord in open court, as property settlements are not modifiable, except in cases of fraud, clerical error,mistake, or gross unfairness.

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In determining property issues, the court will usually consider the following: age of the parties, healthof the parties, sources of the property, length of the marriage, how the property was accumulated,needs of the parties, needs of the children, earning ability and capacity of the parties, fault of theparties, and other equitable factors.

ATTORNEY FEES

Attorney fees are based on the Legal Canons of Ethics, a copy of which will be furnished to youupon request.

As your attorney will have no way of knowing how much time must be spent on your case, it isdifficult to estimate with specificity what your ultimate fee will be at the conclusion of your case.Our fees are based, pursuant to the aforementioned Canon, and on a number of factors, whichinclude: the amount and nature of the services rendered, the time, labor and difficulty involved, thecharacter and importance of the litigation, the amount of assets and value of the estate affected, andthe requisite professional skill and expertise exercised by the attorney as well novelty and difficulty ofthe questions involved and the results obtained. An hourly rate should be quoted to you which maybe helpful in assessing the amount of fees due. The client will also be responsible for disbursementsmade on your behalf by your attorney for such items as court costs, filing fees, service of pleadings,appraisals, expert witness fees, etc. In the event your spouse is ordered to contribute to your attorneyfees, the client will be given credit on the amount your spouse pays. A lawyer may not enter into anarrangement for, charge, or collect a contingent fee in a divorce case.

We makes it a practice to send monthly statements itemizing what was done and the cost of thoseservices. The statement will indicate what, if any of the retainer, is available or the amount due. Unlessarrangements are made, it is expected that the balance due will be paid as soon as possible. All feesshould be paid, or arrangements made for payment by the conclusion of your case.

A retainer will be charged at the outset of the case, to be billed against the hourly rate quoted. If thecase is concluded or our representation is concluded before the retainer is exhausted, that portionnot used will be promptly returned.

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AFTER THE JUDGMENT

Enforcement:

After the divorce is finalized, the court retains jurisdiction to enforce the order. If after a divorce aparty fails to abide by the terms of the property settlement, custody and parenting time arrangement,and/or payment of child support and spousal support, you may wish to file a motion with the court.Enforcement procedures may include a show cause, a garnishment of wages or accounts, and fines.

Modification:

The court also retains jurisdiction to modify the order as it relates to child custody, parenting time,child support, and spousal support. Modification of a court order requires the moving party todemonstrate that there has been a change of circumstances since the last order warranting amodification. If you are interested in seeking a modification of your current court order, you shouldspeak with your attorney to determine if a modification is plausible and the possible ramificationsof said modification.

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CONCLUSION

Some divorce cases end in a reconciliation of the parties. If there is viability in your marriage and achance to save it, the attorneys of the Sinas Dramis Law Firm will be pleased to recommend marriagecounselors to you and assist you in every possible way to effect this reconciliation. If, on the otherhand, you believe the marriage is over, our attorneys will do our utmost to obtain a Judgment ofDivorce that is satisfactory to you.

As divorce proceedings today are difficult, and extensive work may be necessary, we use a team effort;other attorneys in the office are available to assist us at the office, or in court. However, your primaryattorney will oversee and advise on all work performed.

The information in this pamphlet merely touches the basic elements of divorce and divorceprocedure. It is not to be considered as the last word on the subject or even legal advice, but merelyas a helpful guide.

As attorneys, we have had experience and expertise in the field of family law, and we are aware of thepressures and the personal difficulties faced by a person involved in the divorce process; we willattempt to ease and hopefully eliminate the cause of some of these problems. If you have anyquestions, please do not hesitate to call or arrange for an appointment.

The Domestic Relations Team

SINAS, DRAMIS, BRAKE,BOUGHTON & MCINTYRE, P.C.

3380 Pine Tree RoadLansing, MI 48911Ph (517) 394-7500Fx (517) 394-7510

www.sinasdramis.comE-Mail – [email protected]

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THE DOMESTIC RELATIONS TEAM

Bernard F. Finn – Mr. Finn received his bachelor’s degree from Wayne

State University and his law degree from Thomas M. Cooley Law School in

1976. He has been elected to offices in both the state and local bar

associations. He is a member of the Michigan Trial Lawyers Association,

now Michigan Association for Justice, and the Michigan State Bar

Foundation. He has been recognized in the “Best Lawyers in America”

publication for Family Law, every year since 2001. Mr. Finn has been a trial

and appellate lead counsel in hundreds of cases in the state and federal

courts. He has published several articles on a wide range of legal issues.

Jacquelyn A. Dupler – Ms. Dupler received her bachelor’s degree from

Michigan State University and her law degree from Michigan State

University in 2012. Before joining the Sinas Dramis Law Firm, she clerked

for a judge in the Ingham County Circuit Court Family Law Division. Ms.

Dupler is a member of the National Association of Career Women, Tri-

County Family Law Association, Women Lawyers Association of

Michigan, Ingham County Bar Association, Michigan Association for

Justice, and the State Bar of Michigan.

SINAS, DRAMIS, BRAKE, BOUGHTON & MCINTYRE, P.C.

Our Websites:

sinasdramis.com • autonofaultlaw.com • michiganbikelaw.comsdfamilylaw.com • sdchicagoinjurylaw.com

Lansing Office Grand Rapids Office Chicago Office3380 Pine Tree Rd. 15 Ionia Ave. SW Ste. 300 321 North Clark St. 5th FloorLansing, MI 48911 Grand Rapids, MI 49503 Chicago, IL 60654Ph (517) 394-7500 Ph (616) 301-3333 Ph (312) 332-6162Fx (517) 394-7510 Fx (616) 301-3344 Fx (312) 332-6164

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Page 20: DIVORCE IN MICHIGAN - Personal Injury Law Firmsinasdramis.com/wp-content/uploads/Divorce-in-Michigan...DIVORCE IN MICHIGAN An Informational Guide Presented By: sinasdramis.com SINAS,

A Tradition of Excellence Since 1951Sinas, Dramis, Brake, Boughton & McIntyre, P.C. was established in Lansing, Michigan in 1951.The firm was founded by two young lawyers, Thomas G. Sinas and Lee C. Dramis, who built upon a closepersonal friendship to create a law firm that would become, over the next half century, one of the mostrespected in the state of Michigan. The firm, commonly referred to as The Sinas Dramis Law Firm, iswidely known for its excellent reputation representing people in matters dealing with serious personalinjury, wrongful death, and family law.

The firm’s personal injury division has achieved considerable success handling a wide variety of cases,including those involving the no-fault system, auto accidents, semi-truck accidents, motorcycle accidents,bicycle accidents, and wrongful death. The law firm’s competence is reflected by the fact that five of itsattorneys (George T. Sinas, Timothy J. Donovan, Bernard F. Finn, James F. Graves, and Bryan J. Waldman)have been recognized in the national publication, “Best Lawyers in America.”

From the inception of the firm over 60 years ago, Thomas G. Sinas represented Michigan Citizens infamily law matters. Bernard F. Finn has led the family law division for the past 28 years. Mr. Finn’sexpertise in understanding the complexities of Michigan family law and sensitive nature of many familylaw and domestic relation matters makes him a most highly regarded family law attorney. Our attorneyshave handled a number of family law matters including child custody, child support, spousal support,separation, divorce, and annulment matters.

Throughout the years, the attorneys at the Sinas Dramis Law Firm have been recognized as leaders in thelegal profession. One partner was President of the State Bar of Michigan (Donald L. Reisig): threepartners served as President of the Michigan Trial Lawyers Association, now Michigan Association forJustice (Lee C. Dramis, George T. Sinas and Bryan J. Waldman); and two partners served as Chairperson ofthe State Bar Negligence Law Section (Timothy J. Donovan and George T. Sinas). Two partners werethe past presidents of the Ingham County Bar Association (Thomas G. Sinas and James F. Graves).

With offices in Lansing, Grand Rapids, and Chicago, if you have been injured or have a family law matterand are in need of legal representation, please call our office.

Our Websites:sinasdramis.com • autonofaultlaw.com • michiganbikelaw.comsdmichiganfamilylaw.com • sdchicagoinjurylaw.com

SINAS, DRAMIS,BRAKE,BOUGHTON & MCINTYRE, P.C.Since 1951

Lansing Office Grand Rapids Office Chicago Office3380 Pine Tree Rd. 15 Ionia Ave. SW Ste. 300 321 North Clark St. 5th FloorLansing, MI 48911 Grand Rapids, MI 49503 Chicago, IL 60654Ph (517) 394-7500 Ph (616) 301-3333 Ph (312) 332-6162Fx (517) 394-7510 Fx (616) 301-3344 Fx (312) 332-6164