Best Family Law Attorneys in Brighton, MI

In a joint uncontested divorce case, both spouses reach agreement on all issues. They file a divorce action together with a consent judgment and avoid difficult and often costly formal civil litigation proceedings. Henry Bergmans provides assistance to clients who are able to reach agreement with their spouse and file a joint uncontested divorce.

Michigan is a no-fault divorce state. A divorce will be granted regardless of the fault of either party. Michigan law requires that the person filing the divorce petition must have been a state resident for at least 180 days (six months) immediately before filing. The filing party must also be a resident of the county in which the petition is filed for at least ten days prior to filing.

Michigan law requires the use of a formula that considers several factors, not all of which apply to every case. The most important factors are the number of children, each parent's income, childcare expenses, health care expenses, and the amount of time the children spend with each parent. A court has the authority to deviate from the formula if there are special circumstances presented to the court.

Child support in Michigan can be modified in two ways. First, each parent has the right to request the Friend of the Court investigate the amount of child support every three years. Second, a parent may petition the court to modify child support if there has been a significant change of circumstance, which is defined as a 10% change of income. Under this rule, if a parent has a 10% reduction in income or believes the other parent has had a 10% increase in income, they may petition for a modification. The request must be filed with the court. An attorney can file a modification request for you.

If a noncustodial parent falls behind on child support payments, the custodial parent has options for enforcing it, but they must be carried out through the court. A judge can use income withholding, wage garnishment, interception of tax refunds, liens, or attachments to property to ensure payments are made. A court can take punitive action if these methods are unsuccessful, including license suspension, passport denial, and even jail time.