Selecting An Attorney
You have made the decision to begin a legal proceeding. Start by being an advocate for yourself. After
all, the attorney works for you, not the other way around.
Choosing an attorney to represent you in your family law matter is an exercise you want to get right the
first time. The practice of law covers many different legal subjects. Just as in the practice of medicine,
the trend is to concentrate on a single area. D.A.W.N. has taken the trend one step further by
representing women, only, a single perspective. Continued...
Office Hours
Monday - Friday
8:30am - 5:30pm
Other times available by appointment.
To set up a consultation
please call.
(888) 772-DAWN (3296)
8:30am - 5:30pm
Other times available by appointment.
To set up a consultation
please call.
(888) 772-DAWN (3296)
Locations
We Accept!
Frequently Asked Questions About Divorce
What should I do to prepare for a divorce?
Know your situation. You should make copies of any statements for financial accounts, insurance policies, stocks, deeds and retirement benefits. You should also know your spouse's income and any debt acquired during the marriage.
What does "No-Fault" divorce mean?
There is only one ground for obtaining a divorce in Michigan: a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. It only takes one spouse to request and obtain a divorce. However, fault it still a consideration in the division of property.
Do I need an Attorney?
A divorce is a legal proceeding governed by Michigan statutes. Most people are unfamiliar with the law and procedure to follow. Attorneys who specialize in family law will be able to protect your rights to the greatest extent. We strongly advise consulting with one of our attorneys before you take action.
Can we use the same attorney?
An attorney can only serve the interests of one client. In a divorce, each party's position is the opposite of the other. It is a conflict for one attorney to represent both parties.
How long does it take to get a divorce?
A judgment of divorce can be entered 60 days after filing the action, when there are no minor children. If there are children, the law requires a waiting period of 180 days. The court may waive the 180 days under special circumstances, but in no event can a judgment be entered in less than 60 days.
How much will I have to pay?
Attorney fees are based on several factors, including the nature of services provided, issues involved, amount of time required, size of marital estate. Experienced family law practitioners charge on an hourly basis, with a retainer fee paid in advance. The court may require a spouse to pay a portion of the other spouse's fees, depending on income, ability to pay, employment, size of the marital estate and need. You should always know what you are being charged. Expect to enter into a written retainer agreement and receive monthly statements of time and charges.
Will my husband have to move from our home after I file?
Both parties have the same right to remain in the marital home while a divorce is pending. A hearing is usually required to force a spouse to leave for reasons such as domestic violence or substance abuse.
How is child support determined?
Child support in Michigan is determined by referring to the child support guidelines. It is based on the factors of parental incomes and family size. Parental incomes, family size and the number of overnights per year each parent has with the child(ren). New child support guidelines are effective October 1, 2008. There is no longer a severe reduction in support if the payer of child support has 128 overnights per year or more so that the support obligation for the child(ren) is more evenly balanced.
What is "Friend of the Court"?
The "Friend of the Court" was created by the legislature to investigate and make recommendations to the court on matters of custody, parenting time and support. They also mediate in disagreements regarding custody and parenting time. Friend of the Court enforces parenting time and support orders entered by the court.
Can I get alimony?
Alimony, now called spousal support, is available in appropriate cases where the requesting party prevails on the following factors: past relations and conduct of the parties; length of the marriage; employability; amount of property awarded; age; ability to pay; present situation and needs of the parties; health; prior standard of living; whether either party is responsible for the support of others. There is no fixed formula as in the case of child support.
Custody?
Custody and parenting time are the most emotionally charged issues arising during a divorce. One household will soon become two and the matter of where the children will live and visit is often contested. The trial of such issues is both costly and time consuming.
Joint legal custody means that parents share decision-making authority as to the important decisions affecting the welfare of a child. Parents must consult with each other regarding matters such as nonemergency medical decisions, religious upbringing, education and child care. Today, joint legal custody is generally awarded premised upon the notion that joint parental involvement will be preserved even though there are separate households.
Physical custody defines the primary residence of a child. It can be awarded solely to one parent or jointly to both parents. During the time that a child resides with a parent, that parent makes the decisions regarding routine and emergency matters. Of equal importance is the parenting time schedule because that determines when the child spends time with each parent.
Why choose D.A.W.N.?
We are the original firm representing only women. D.A.W.N.'s expertise is dealing with the particular needs of women in divorce. Women are entitled to be represented by competent attorneys concerned only with protecting their rights. D.A.W.N.'s attorneys have the ability and experience to resolve your issues without adding to the emotional upset caused by divorce and without "breaking the bank". With D.A.W.N., you can eliminate the worry of what will happen to your children, your home, your possessions and your future. Act in your own best interest - let D.A.W.N. fight for you!