Law Office of Richelle C. Lester, PLLC
Family Law
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Let go of the stress, we’ll do all the rest.
DIVORCE
No one goes into a marriage expecting to get divorced. If you are considering filing for divorce, or have been served with divorce papers, you need an attorney who has the experience to assist you with the legal ramifications so that you can handle the emotional aspects. Michigan is a “No-Fault” divorce state that does not require that either party prove any fault in order to file for divorce.
Whether your divorce is simple or complicated, our office can use creativity in crafting a resolution that fits your needs. Our goal is to provide you a painless process that will get you the best possible outcome in the shortest possible time so you can move on with your life.
No one goes into a marriage expecting to get divorced. If you are considering filing for divorce, or have been served with divorce papers, you need an attorney who has the experience to assist you with the legal ramifications so that you can handle the emotional aspects. Michigan is a “No-Fault” divorce state that does not require that either party prove any fault in order to file for divorce.
Whether your divorce is simple or complicated, our office can use creativity in crafting a resolution that fits your needs. Our goal is to provide you a painless process that will get you the best possible outcome in the shortest possible time so you can move on with your life.
LEGAL SEPARATION
Legal Separation is a unique remedy under the law for clients who know they will never live together with his/her Spouse, but also know that they never want to get divorced. Also referred to as Separate Maintenance, a Legal Separation is the solution when one Spouse is disabled and needs to remain on the other Spouse’s health insurance, or if for religious reasons, the Spouses are unable to file for divorce. A Legal Separation requires the same court process, proceedings and costs as a divorce, but at the end of the case, the parties have a Judgment of Separate Maintenance instead of Judgment of Divorce.
Legal Separation is a unique remedy under the law for clients who know they will never live together with his/her Spouse, but also know that they never want to get divorced. Also referred to as Separate Maintenance, a Legal Separation is the solution when one Spouse is disabled and needs to remain on the other Spouse’s health insurance, or if for religious reasons, the Spouses are unable to file for divorce. A Legal Separation requires the same court process, proceedings and costs as a divorce, but at the end of the case, the parties have a Judgment of Separate Maintenance instead of Judgment of Divorce.
ANNULMENT
Most people believe that if you are unhappy in the first six months of your marriage, you can file for an annulment from the marriage. That is not true. An annulment will render your marriage null and void for reasons such as when one spouse is already married, a minor, incompetent or commits fraud in commencing the marriage. Unlike a divorce, you must prove one of these factors existed at the time of the marriage that makes the marriage void.
Most people believe that if you are unhappy in the first six months of your marriage, you can file for an annulment from the marriage. That is not true. An annulment will render your marriage null and void for reasons such as when one spouse is already married, a minor, incompetent or commits fraud in commencing the marriage. Unlike a divorce, you must prove one of these factors existed at the time of the marriage that makes the marriage void.
CHILD CUSTODY
Your children are your most precious asset. Whether you are going through a divorce, or a Custody battle with the other parent of your children, a Custody Order will determine which parent has legal and physical custody of your children when your relationship with the other parent ends. Legal custody refers to who will make the major educational, medical, religious, recreational, counseling and child rearing decisions of your children’s lives. Courts can grant sole legal custody, but normally grant joint legal custody to both parents.
Physical custody refers to where the children will reside. A court will look at which parent has the established custodial environment with the children. Courts must consider the best interest factors when deciding who should have physical custody of the children. One parent could be granted sole physical custody or the parents can share joint physical custody of the children.
Your children are your most precious asset. Whether you are going through a divorce, or a Custody battle with the other parent of your children, a Custody Order will determine which parent has legal and physical custody of your children when your relationship with the other parent ends. Legal custody refers to who will make the major educational, medical, religious, recreational, counseling and child rearing decisions of your children’s lives. Courts can grant sole legal custody, but normally grant joint legal custody to both parents.
Physical custody refers to where the children will reside. A court will look at which parent has the established custodial environment with the children. Courts must consider the best interest factors when deciding who should have physical custody of the children. One parent could be granted sole physical custody or the parents can share joint physical custody of the children.
PARENTING TIME
Once physical custody is awarded, there should be a parenting time schedule for the parents with the children. Orders that grant “reasonable parenting time” are discouraged because they do not provide any expectation of when the children will spend time with the parents. A detailed parenting time schedule that outlines which parent gets week days, weekends, holidays, school breaks and summers are best to ensure stability in the children’s lives. Courts will consider the best interest factors and the parenting time statute when determining a parenting time schedule for children.
Once physical custody is awarded, there should be a parenting time schedule for the parents with the children. Orders that grant “reasonable parenting time” are discouraged because they do not provide any expectation of when the children will spend time with the parents. A detailed parenting time schedule that outlines which parent gets week days, weekends, holidays, school breaks and summers are best to ensure stability in the children’s lives. Courts will consider the best interest factors and the parenting time statute when determining a parenting time schedule for children.
CHILD SUPPORT
The Michigan Child Support Formula determines how much one parent pays the other parent in child support. Our office is experienced to know what factors affect the amount of support either parent pays. Our office has represented men and women in child support cases. We can ensure your child support award correctly calculates support based on income, overnight visits, child care expenses, and health insurance premiums.
Our office has represented men to waive thousands of dollars in child support arrears lifting a heavy burden off of their shoulders.
The Michigan Child Support Formula determines how much one parent pays the other parent in child support. Our office is experienced to know what factors affect the amount of support either parent pays. Our office has represented men and women in child support cases. We can ensure your child support award correctly calculates support based on income, overnight visits, child care expenses, and health insurance premiums.
Our office has represented men to waive thousands of dollars in child support arrears lifting a heavy burden off of their shoulders.
PATERNITY
A common mistake some men make is paying child support for a child that is not biologically his. Instead of being a victim of fraud, our office can assist you in determining paternity at the beginning of your case. Our office has experience helping parents determine paternity to avoid fraud and unwarranted child support obligations.
A common mistake some men make is paying child support for a child that is not biologically his. Instead of being a victim of fraud, our office can assist you in determining paternity at the beginning of your case. Our office has experience helping parents determine paternity to avoid fraud and unwarranted child support obligations.
PRENUPTIAL AGREEMENTS
There is a misconception that drafting a prenuptial agreement means that you do not trust that your marriage will last. Having a prenuptial agreement provides a clear understanding of the division of assets in the event your marriage prematurely ends. A prenuptial agreement can provide for your children from a prior relationship to receive assets that you have built up to the time of marriage and can provide that any assets you and your spouse build together during the marriage would be equitably divided during a divorce.
A prenuptial agreement can provide a safe way to discuss finances, assets and income with your future spouse laying a solid foundation of trust, transparency and honesty. A well-drafted prenuptial agreement can remove the complexity and disputing of a divorce.
There is a misconception that drafting a prenuptial agreement means that you do not trust that your marriage will last. Having a prenuptial agreement provides a clear understanding of the division of assets in the event your marriage prematurely ends. A prenuptial agreement can provide for your children from a prior relationship to receive assets that you have built up to the time of marriage and can provide that any assets you and your spouse build together during the marriage would be equitably divided during a divorce.
A prenuptial agreement can provide a safe way to discuss finances, assets and income with your future spouse laying a solid foundation of trust, transparency and honesty. A well-drafted prenuptial agreement can remove the complexity and disputing of a divorce.
Contact Us
Contact Us with any questions you may have. We are happy to help.
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Richelle C. Lester, PLLC
248-915-8990 OFFICE 866-849-6332 FAX 17520 W. 12 Mile Road, Suite 211 • Southfield, MI. 48076 |
