Giving You An Equal Voice
There are many reasons couples may choose to part ways. It is not for anyone to judge except those in the relationship. Michigan follows a “no-fault” model in its divorce laws. This means that you do not need a reason to file for divorce, you just need to affirm that the marriage has broken down and that it cannot be saved, in your opinion, and regardless of what your spouse’s opinion may be. Even if one spouse does not want to divorce, the court will grant the divorce if one spouse is making the request.. This is where a dedicated divorce lawyer from ADAM American Divorce Association can make a difference for you.
Our lawyers are compassionate, skilled, and knowledgeable of Michigan family law. We understand the nuances of Michigan divorce laws and that there is frequently an unspoken bias men fight against. We give men an equal voice. Call ADAM American Divorce Association at 248-290-6675 for your consultation. We’re on your side from day one.
How Does Divorce Impact Military Benefits and Retirement?
Military benefits and retirement are complex and require thoughtful consideration. As with all matters of a divorce settlement, these, too, are implicated. It is vital that you seek the assistance of an empathetic and knowledgeable attorney to guide you through the process of determining how your benefits and retirement may be impacted. Depending on whether you or your ex are on active duty or retired, the length of your marriage will determine precisely how your benefits and retirement may be changed.
For example:
A service member on active duty for 30 years was married for 20 years. That translates to 2/3rds of the pension belonging equally to marriage. Say they were getting $3,000 per month. $2,000 would belong to the marriage. So, each spouse would receive $1,000, and the remaining $1000 would go to the active military spouse for the time served outside of the marriage. There are always possible exceptions to the rules, and it is essential to seek counsel, but this is an example of how this would work in a divorce case.
What is the 20/20/20 Rule?
The 20/20/20 Rule applies to health benefits and whether or not a former spouse is eligible to remain on Tricare after a divorce. If the marriage lasted at least 20 years, the member performed at least 20 years of service, and the former spouse was married to the member for at least 20 years of their service period, the member will remain eligible for Tricare unless they remarry.
How Are Alimony, or Spousal Support, Amounts Determined?
Alimony can be one of the most acrimonious parts of a divorce settlement. Often, one party feels they received the short end of the stick. Despite common misperceptions, the man does not always have to pay alimony. Let’s discuss how the court determines how much the payment should be, and for how long, and whether you should pay at all. Spousal support can be challenging because there is no exact method of how to calculate the numbers.
One spouse must have a financial need or a significantly smaller estate than the other, have become financially dependent upon the other during the marriage, or require time to finish school or obtain employment through which their source of income can be obtained. The court will also consider such things as child custody arrangements, because child support must be calculated before any spousal support can be considered.
Is Marital Fault Considered in Determining Alimony Amounts?
Michigan does take into account such issues such as infidelity, adultery, and abuse when determining alimony amounts. These are not a large part of the consideration, but are a factor when determining spousal support or alimony. Unfortunately, at times, it still seems as if our court system holds an unnatural bias against men in this regard. At ADAM American Divorce Association, we are on your side and will protect your rights. Call us today to schedule a consultation. We can help.
How is Child Custody Determined in Michigan?
In the past, it was often presumed that children belonged with their mothers, as women were considered to be better parents naturally. It rarely occurred to anyone to ask fathers if they wanted their children or to determine if their fathers’ homes were actually more stable. We are thankful that we live in more enlightened times.
Determining what is in the children’s best interest and providing the most stable and enriching environment is at the forefront of all custody arrangements. At ADAM American Divorce Association, we understand the complexities of family. Everyone should feel as though they have a voice in a family. We will stand up for your equal rights in custody, visitation, or parental plan modification. No matter what issue is troubling you, our divorce lawyers can put your mind at ease.
If there is a dispute about custody, the court will look at the best interest of the child factors to determine what is best for the child. There is a lot more to it, but those factors are:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability 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 sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
When Should I Call a Divorce Lawyer?
No one gets married intending for it to end in divorce. Sadly, people grow apart. One party may try to convince the other that their rights no longer count or are somehow diminished. At ADAM American Divorce Association, we don’t accept that. Men’s roles and rights are just as important as women’s in divorce cases and deserve equal representation. We take this responsibility seriously.
Ending a relationship is messy and emotional. You need a trusted team’s calm, empathetic guidance to help you through this complex life transition. You don’t have to give up your rights. It is essential to recognize the value you have brought to your family and what you can continue to provide despite the dissolution of your marriage. We will fight for you to make sure that your benefits stay intact. Divorce is one of the most challenging and painful things you can deal with as an adult.
Divorce can intensify feelings of injustice, and frequently, men are left feeling sidelined. Our divorce lawyers advocate for fair treatment concerning alimony, child custody, visitation, and financial support. Call ADAM American Divorce Association at 248-290-6675 for your consultation today.