Family Law FAQ

Family Law FAQ

Answers from Our Birmingham, MI Family Lawyer

At The Badalucco Firm, we place a large emphasis on client education and providing informed representation. We want our clients to always understand their rights at all times because we believe that making important decisions require knowledge. Below, we have provided a list of answers to frequently asked questions we receive about divorce and other family law matters. If you have a question that does not appear on the list below, don't hesitate to contact us to talk about the details of your case.

  1. How is property divided in a divorce?
  2. Where do I file my divorce in Oakland County?
  3. How long does a divorce take to complete?
  4. Can I deny parenting time to the non-custodial parent?
  5. Does Michigan have legal separation?
  6. I have a domestic violence conviction or arrest on my record. Can I remove it?
  7. I need to relocate after my divorce. Can I move my children with me?
  8. I have not received child support from the other parent. What can I do?
  9. What does The Badalucco Firm have to offer?

How is property divided in a divorce?

In Michigan, property is typically divided equitably. This is not necessarily an equal split, but merely what is considered fair according to the circumstances. Couples have the option of working out a property division solution on their own. If a solution cannot be reached, then a judge will make the final judgment. Only marital property that both spouses shared will be subject to division, not separate property that was earned or acquired prior to the marriage.

Where do I file my divorce in Oakland County?

You would have to file your divorce petition at the Oakland County Circuit Court located on 1200 N. Telegraph in Pontiac, Michigan. Our Birmingham, MI divorce lawyer can walk you through the paperwork and make sure you have all the proper forms for child custody, child support, etc.

How long does a divorce take to complete?

This varies depending on how complex your divorce is and whether parties continue to contest divorce issues. In Michigan, a simple divorce can be granted in as little as 60 days, while some can take at least 6 months if children are involved.

Can I deny parenting time to the non-custodial parent?

We do not recommend that any parent deny parenting time, unless the parenting time would pose serious risks or harm to the child, such as violence or drug use. Because the courts encourage both parents to be actively involved in the upbringing of their children, unreasonable denial of parenting time can be a violation of a custody order and may lead to legal penalties.

Does Michigan have legal separation?

Michigan does not have “legal separation.” which is a process that allows spouses to be legally separated rather than divorced. However, Michigan does have “separate maintenance” which is similar to legal separation in that it allows couples to make decisions regarding asset division, child support, child custody, and spousal support without officially terminating the marriage. Many couples may choose separate maintenance for a variety of reasons, namely religious, insurance, or tax considerations.

I have a domestic violence conviction or arrest on my record. Can I remove it?

Michigan does allow for dismissal or expungement of domestic violence convictions in certain cases, which can make your conviction not visible to the public. However, the conviction may still be visible on certain government databases. We suggest that you consult with an attorney about setting aside your domestic violence conviction.

I need to relocate after my divorce. Can I move my children with me?

When you are relocating with a child across state or outside of the state, you are required to ask the court for permission and have the other parent agree to the new custody/parenting plan. Relocating without notifying the court and the other parent is considered a violation of the custody order and can result in legal penalties for you. At our family law firm, we can assist both the relocating party as well as the party wishing to contest relocation.

I have not received child support from the other parent. What can I do?

You should talk to our Birmingham. MI child custody attorney about how to enforce nonpayment of child support. The other parent is required by law to fulfill his or her support obligations and can be held in contempt of court if they refuse to pay. Our family lawyer can guide you through the enforcement process, which is typically handled by the Office of Child Support (OCS). They may choose to collect the unpaid amounts through the parent’s wages or file a contempt with the court.

What does The Badalucco Firm have to offer?

The Badalucco Firm is known for providing experienced representation and client-focused counsel. Our Birmingham, MI family law attorney is hands-on with each client, personally consulting with them and helping them to understand their case. We have dealt with a wide range of family law cases, which has equipped us with a unique understanding of the law. Our team is also available to speak with you after hours and on the weekends.

If you have additional questions, feel free to contact us for a FREE evaluation.