Troy Divorce Lawyer – Michigan Divorce Attorney Serving Clients in Troy
At the law offices of Paul J. Tafelski, we have years of experience assisting Michigan clients with all aspects of their divorce cases. We know that it is extremely difficult to make the decision to file for divorce and that you are likely to have many questions and concerns along the way. Whether you have specific questions about maintenance and custody, or more general concerns about the big picture of divorce, we can speak with you today.
A dedicated Troy divorce lawyer at our firm can assist you. Do not hesitate to contact us to learn more about the services we provide to clients in Troy, Michigan.
No-Fault Divorce in Troy, Michigan
Chapter 552 of the Michigan Compiled Laws (MCL) contains most of the statutes that will be relevant to your divorce case. The first thing to know about divorce in Troy, MI is that Michigan is a no-fault divorce state. What does this mean? Under MCL 552.6, a plaintiff only must allege that “there has been a breakdown of 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.” In other words, the party filing the complaint for divorce does not have to provide evidence of fault in the marriage. Instead, the plaintiff only must assert that the marriage is broken.
At the law offices of Paul J. Tafelski, our team can assist you with all phases of your divorce, from the initial stages of filing a complaint for divorce to modifications of maintenance or custody awards. We regularly handle all issues in divorce cases, including but not limited to the following:
- Property distribution in Michigan;
- Spousal support/maintenance and child support;
- Premarital (or prenuptial) agreements;
- Child custody and visitation; and
- Child custody or parenting time modifications.
Whether you are planning for a high-asset divorce, or you expect to have complex legal questions surrounding child custody and visitation, or believe your case will be simple and straightforward, a Troy divorce attorney can assist with your case.
Michigan Spousal Maintenance and Child Support
How does the court handle financial awards in a divorce, such as spousal support and child support? You should know that the court will handle these maintenance awards differently. When it comes to spousal support, or alimony, the court first will have to decide whether such an award is even appropriate to the situation. If the court decides a spousal support award is appropriate, it will not use a specific formula to decide the amount. Instead, it will again look to those factors mentioned above and will decide what kind of award would be equitable. Child support, however, is handled much differently.
As a handbook from the Michigan Department of Health and Human Services emphasizes, “every child needs financial and emotional support,” and “every child has the right to support from both parents.” In other words, when there are children from the marriage, the court presumes that child support will be awarded. Child support can provide for a child’s medical, dental, and other health care expenses, as well as educational and childcare expenses. It is largely based upon a computer formula that considers how many overnights each parent has along with the income of the parties. This amount is largely non-negotiable.
Contact a Divorce Attorney in Troy
If you have questions about divorce in Michigan, a Troy divorce attorney can speak with you about your situation. Contact the law offices of Paul J. Tafelski today.