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