Potential Client Resources:

Divorce and Child Custody Questionnaire (PDF)

Divorce (with No Minor Children) Questionnaire (PDF)

Glossary of Terms

Separation and Divorce are always a difficult experience. Not only can the breakdown of a relationship be emotionally traumatizing for you and your family, but the anxiety is often increased by the fear of separating property, financial assets, pets and the uncertainty of making ends meet in a single income home. We will do our best to set your fears aside and make this experience as bearable as possible.

We have extensive experience in assisting clients in resolving separations and divorces in a fair manner with minimal court involvement. However, if an agreement cannot be accomplished which is both in our client’s best interests and meets their satisfaction, we are always prepared to go to trial.

We have expertise in getting our clients all that the law entitles them to, which may include:

·         The family home

·         Cottages and 2^nd homes

·         Vehicles

·         Spousal Support

·         Medical Insurance

·         Custody of minor children

·         Child Support

·         Family pets

·         Financial assets

·         A share of the other spouse’s pension

·         Family heirlooms

There may also be circumstances in which a legal separation without a divorce may be in your family’s best interests. Give us a call to discuss your specific situation. Also, in rare situations, marriages can be voided by a process called “annulment,” without going through the divorce process. Ask us about this, as well.

Call us before you sign any agreements. We will help ensure that any proposed agreements are fair. However, if you have agreed to something, it may not be binding and we may still be able to help. Just call and ask.

As time passes and circumstances change, there may be a need to change a prior divorce order with regard to spousal support, child support, medical insurance, etc. Under certain circumstances, the court will grant such changes. Ask us how.

In dealing with the court – especially with the Family Court – there are some terms that you should be familiar with. One of the places you can find the commonly used terms is in the Model Friend of the Court Handbook (pages 28-30) that is posted at www.courts.michigan.gov

GLOSSARY OF FREQUENTLY USED TERMS:

Adjournment- Postponing or putting off a case or session of court until another time or place.

Affidavit- A written statement of fact that is verified by oath or affirmation.

Alimony- See spousal support.

Arrearage- Money which is overdue and unpaid.

Bench Warrant- A court order for the arrest of a person, so that he or she may be brought before the court.

Domestic Relations Action- Any action involving divorce, paternity, custody, parenting time, and support is considered a domestic relations action.

Domicile- The permanent home to which a person, when absent, always intends to return.

Evidence- Proof allowed at a hearing. Evidence may be presented through testimony of witnesses and by documents, records, and other material.

Family Division of Circuit Court- The division of the circuit court responsible for hearing cases about families and their children. The family division hears domestic relations matters, as well as juvenile matters formerly heard by the probate court.

Friend of the Court-

1. An office of the family division; investigates and makes recommendations to the court in domestic relations

actions involving minor children and enforces orders of the court.

2. A person; the director of the office.

Hearsay- A statement made by a person who is not in court, which is repeated in court to prove a fact. Most hearsay evidence is not allowed as evidence in court.

Joint Custody- An order of the family division which provides:

1. Parents will share in major decisions affecting their children (joint legal custody); or

2. Children will live with one parent part of the time and the other parent part of the time (joint physical custody).

Jurisdiction- The power of the court to decide cases before it. This power depends on the type of case and how closely connected the parties are to the county where the court is located.

Motion- A formal request made in writing to the court. A motion is sometimes called a petition.

Party- A person legally involved in a particular action.

Payee- The person, or agency, to whom support is sent. Also known as recipient.

Payer- The person who is ordered to pay support. Also known as an obligor.

Petition- See motion.

Pleadings- Papers filed by a party in a lawsuit stating claims against the other party, or the other party’s defenses to those claims.

Reconciliation- When parties to a domestic relations action are attempting to work out their differences and remain as a family unit.

Show Cause Hearing- A court hearing which is held so that a person can present reasons why he or she should not be considered in violation of a specific court order. Also known as a "Contempt of Court" hearing.

Spousal Support- Money ordered to be paid permanently or for a specified period of time to support a spouse or former spouse.

State Disbursement Unit- A state office which collects and distributes support payments in accordance with the court’s orders.

Statute of Limitations- In civil matters, the time limit on the right to seek relief in court for damages.

Testimony- The statement of a witness under oath which is given as evidence.

Transcript- A word for word record of proceedings at a hearing.