Frequently Asked Questions

 

Do I need a lawyer for my divorce?

No, you don't. However, obtaining a divorce in Michigan can be confusing, especially if there are issues such as who will pay the bills while we go through the process. What stops a person from taking all the money while we go through this divorce,  property division, joint or separate debts to share, titles to homes, cars, boats, or other things that need transferring,  child custody, spousal support or child support which need to be resolved or put in orders. If you and your spouse are divorcing in an amicable fashion and are in agreement about the issues involved, that makes it easier, but do not take the process for granted. There are things that need to be done to assure your amicable agreement can work. Don’t be fooled into believing you don’t need legal advice to make it work.
Whether there are disagreements and disputes which need to be addressed or not, you will be better off with professional legal representation to ensure that the divorce is settled in a fair and just manner and in a way that will make the agreement work.

What is alimony?

Alimony is generally defined as the support paid to the dependent spouse that continues after the marriage has been dissolved. Alimony is also referred to as spousal support or maintenance. There are several types of alimony and depending upon the circumstances of your divorce, you may be eligible to receive alimony or you may be required to support your ex-spouse.

I want sole custody of my children.  Can this be achieved?

Children have many protections under Michigan law. Courts favor both parents participate in raising a child when it is in their best interest.   However, under certain circumstances the child’s best interests may be served by having only one custodial parent. With a thorough review of your situation I can advise you how to proceed in your custody case. There are definitely cases where only one parent has custody of the child, particularly in cases where child abuse is involved. 

How can I modify an existing child support agreement?

When the court orders a certain amount of child support it must be adhered to unless you go back to court to modify the order. There are a number of circumstances that can lead to the necessity of a modification, such as changes in employment, medical conditions or ages of the children and others. That process most often cannot begin until a motion is filed. I can assist you in any type of modification of child support needed.

What do I do if I need a restraining order?

If you and your family are in danger, you can get an emergency or temporary restraining order. I can offer you assistance with getting your restraining order.  The courts can then make the order permanent if necessary.

Contact Dan S. Barrett, PLC today!