Frequently Asked Questions

No. Because divorcing spouses’ interests are inherently opposed—what one spouse receives, the other does not—one lawyer cannot ethically represent both of you. One spouse may hire an attorney while the other represents themselves, but that attorney owes loyalty only to their client.

Not necessarily. If you and your spouse reach a full settlement, your divorce may be finalized with only a brief, uncontested hearing—or sometimes even without appearing in court. If disputes arise, you may need hearings or a trial. Your attorney will guide you through what to expect.

If you and your spouse don’t have minor children, the minimum waiting period is 60 days from the date of filing. If you do have minor children, the waiting period is six months, although a judge can shorten it for good cause—but never to less than 60 days. Remember, these are minimums; divorces often take longer depending on issues like property division, custody disputes, or court scheduling.

No. Your property rights in a divorce don’t depend on whether you stay in or move out of the marital home. In Michigan, marital property generally includes anything either spouse acquired during the marriage, regardless of whose name is on it or who lives in it. Moving out does not mean giving up your share of the home’s value.

That said, if you have children, moving out without a clear parenting plan in place can create challenges. Judges often look at the living arrangements during the divorce when deciding custody and parenting time. If one parent leaves the home and the children remain with the other, it can unintentionally influence how the court views stability and caregiving.

Before making a decision to leave the home when children are involved, it’s important to talk to an attorney. We can help you evaluate both the property and parenting implications and make a plan that protects your interests and your children’s well-being.

Yes—but “no-fault” doesn’t mean fault never matters. To get divorced, you only need to show that the marriage has broken down and cannot be repaired. However, one spouse’s misconduct–such as financial waste, abuse, or infidelity–can still affect issues like property division, spousal support, and sometimes child custody.

Sometimes. Filing first may give you some procedural benefits, such as choosing the county when spouses live in different counties, setting the initial timeline, and obtaining immediate orders. It’s best to discuss your circumstances with an attorney before making that decision.

People often describe their divorce as “uncontested” because they and their spouse generally agree that they want to end the marriage. But a truly uncontested divorce means that both spouses agree on every single issue—property division, custody, parenting time, child support, spousal support, and all the details in between.

In reality, even couples who agree on the big picture often find there are details to work through once everything is reduced to the written document required by the court. That doesn’t mean your divorce has to become hostile—it just means there may be more to resolve than you expect. Even when details arise that need to be fleshed out, many divorces are still resolved quickly through negotiation, which keeps the process efficient and low-conflict.

Having an attorney ensures your agreements are thorough, enforceable, and in your best interest—so that what feels “uncontested” today doesn’t lead to surprises or disputes later.

Yes—but with caution. Parents often make practical adjustments to their parenting time plans to accommodate things like vacations, school events, or a child’s activities. As long as both parents agree, the court allows this kind of flexibility. Whenever you adjust the schedule, confirm the change in writing (text or email) to avoid misunderstandings.

What you cannot do is assume that your “side agreement” changes the official court order. The order still controls if one parent later decides to enforce it. For example, if you agree to let your child stay an extra week with the other parent, you can’t demand “make-up” time unless the order provides for it or the other parent agrees.

If you and your co-parent consistently find yourselves following a different schedule than the one in your order, it’s usually best to seek a formal modification. That way, your actual parenting time arrangement is legally recognized and enforceable.

Grandparents don’t have automatic rights to visitation, but they can ask the court for “grandparenting time” in certain situations, such as when the parents are divorced, separated, or one parent is deceased.

However, Michigan law gives strong weight to parents’ decisions. The court presumes that a fit parent’s choice to deny grandparenting time is in the child’s best interests. To overcome this presumption, grandparents must show that denying them visitation would create a risk of harm to the child’s mental, physical, or emotional well-being.

Because the standard is high, grandparents seeking court-ordered time should work with an attorney who understands the nuances of the law.

It can. If children remain with one parent when the other moves out, that arrangement may start to look like the “status quo,” which courts often try to preserve. Moving out without a clear parenting plan can affect custody and parenting time decisions. If there are safety issues, put your safety first. Otherwise, always consult an attorney before leaving the home if you have children.

If parents agree on legal custody, physical custody, and parenting time, the court will usually approve their agreement. If parents cannot agree, the judge decides custody based on the “best interests of the child,” a set of statutory factors that include stability, parenting ability, and the child’s needs.

Courts encourage parenting time plans that foster strong relationships with both parents, tailored to the child’s needs and family circumstances. Parents can create their own schedule through agreement or mediation; if they can’t agree, the judge will set one after considering the child’s best interests.

In Michigan, if parents share joint legal custody, a parent generally cannot move more than 100 miles away from the child’s current residence, or move out of state, without court approval (unless the other parent consents in writing).

The court will consider factors such as the reason for the move, whether it improves quality of life for the parent and child, the impact on the child’s relationship with the other parent, and whether parenting time can be reasonably preserved.

Relocation is one of the more complex custody issues, and it’s important to seek legal advice before making plans, as moving without court approval can have serious consequences for custody and parenting time.

In Michigan, parenting time is not optional—if the court has ordered a schedule, both parents are legally responsible for following it. That means you can’t simply stop sending your child because they don’t want to go. 

If your child refuses, you should do your best to encourage and facilitate parenting time. Depending on your child’s age, that might mean calmly reminding them of the schedule, helping them pack, and reassuring them that spending time with both parents is important. If a pattern develops, don’t try to manage it alone—document what’s happening and talk with your attorney. Courts may view a parent’s failure to support parenting time as interference, but they also take into account situations where a child’s refusal signals a deeper concern, like safety issues or strained parent–child dynamics.

If you ever believe your child faces an immediate and serious safety risk, you should prioritize your child’s safety and contact your attorney right away to discuss next steps. It may be necessary to involve the court, law enforcement, or protective services. Courts take safety concerns very seriously, but they also expect parents to raise those concerns through the proper legal channels, not by making unilateral decisions.

If the problem persists, you may need to explore options such as counseling or asking the court to review or modify the parenting time order. What you should not do is unilaterally stop parenting time, as that could create legal consequences for you. An experienced family law attorney can help you navigate the situation while keeping both your child’s well-being and your legal responsibilities in focus.

If the other parent consistently ignores or violates the court-ordered parenting time plan, you have legal remedies. First, keep a clear record of the missed visits or late exchanges. Courts rely on documented patterns, not just verbal complaints.

In Michigan, you can file a motion with the court or request enforcement through the Friend of the Court. The court can order makeup parenting time, modify the schedule, or, in more serious cases, impose penalties on the non-compliant parent. If violations are repeated and serious, they can even affect custody.

It’s important to resist the temptation to “self-help”—for example, withholding child support in response to missed parenting time. The law treats custody, parenting time, and support as separate obligations. Instead, bring the issue to court through the proper channels. A family law attorney can help you decide the most effective and efficient way to enforce your order while keeping your focus on your child’s stability.

Not exactly. Child support is the child’s right, so Michigan courts don’t allow parents to simply agree to waive it. Parents may propose creative approaches—offsets, direct payment of expenses, or a lower amount if justified—but any deviation from the guidelines must be reviewed and approved by the court.

Most families are automatically placed under FOC supervision when a case is filed. However, in some situations, parents can agree to “opt out” of FOC services with court approval, provided they are both handling their responsibilities without issues.

Michigan uses a formula that considers both parents’ incomes, the number of overnights each parent has, and costs like healthcare and childcare. That formula produces a guideline amount, but accuracy depends on the information used. Courts can sometimes deviate from the formula if there’s a good reason.

Typically until the child turns 18, or up to 19½ if the child is still in high school and lives with a parent. Support may end earlier if the child is emancipated. Michigan courts cannot order parents to pay college or post-majority expenses unless the parents agree to it.

• Investigations and recommendations. The FOC may investigate custody, parenting time, or support issues and make recommendations to the judge. Judges often rely on these recommendations, though they are not binding.
• Enforcement. If a parent isn’t following a custody, parenting time, or child support order, the FOC can take steps to enforce compliance.
• Support services. The FOC helps process child support payments through the Michigan State Disbursement Unit (MiSDU). They also help track parenting time complaints and facilitate alternative dispute resolution in some counties.

Payments are tracked through the Michigan State Disbursement Unit (MiSDU). If a parent falls behind, enforcement tools include income withholding, tax refund interception, license suspension, and even contempt proceedings. An attorney can help you pursue enforcement quickly.

If the other parent isn’t paying, do not withhold parenting time or use self-help; use the enforcement tools available through the court or Friend of the Court.

The Friend of the Court (“FOC”) is a part of the family division of the circuit court in Michigan. Its role is to help the court handle cases involving child custody, parenting time, and child support. Many people assume the FOC is a “friend” to one parent, but it’s not—it’s a neutral office that works for the court.

Yes, if contributions were made during the marriage. Some exceptions might be made for money that was in an account at the time of marriage. The division often requires a special court order, such as a Qualified Domestic Relations Order (QDRO), to split the account without taxes and penalties.

Generally, inheritances are considered separate property in Michigan if they are kept separate. That means if you receive an inheritance and keep it in your own name, it may not be divided in divorce.

However, inheritances sometimes get “commingled”—for example, if funds are deposited into a joint account. Once that happens, it can be difficult to argue that the inheritance should remain separate.

Even when an inheritance is treated as separate property, it can sometimes still be considered if, for example, one spouse’s financial resources are much greater than the other’s, or if the non-owner spouse helped the asset grow. Because the rules are fact-specific, it’s important to discuss your particular situation with an attorney before assuming your inheritance is fully protected.

Pensions are considered marital property in Michigan, which means they can be divided in a divorce, just like a house, bank account, or retirement plan. This division can happen two ways:

Sharing future payments: 

In this approach, each time the employee spouse receives a pension check in the future, the other spouse receives their share directly. The court uses a special order (usually called a Qualified Domestic Relations Order, or QDRO) to instruct the pension administrator to divide payments. This method ties both spouses to the pension until it’s fully paid out.

A buyout or offset:

Instead of waiting for future payments, the pension is valued as of the divorce. One spouse may “buy out” the other’s share by giving them other marital assets of equal value (for example, cash, investments, or equity in the house). This method provides a clean break—each spouse goes forward without being financially tied to each other’s retirement.

Which option works best depends on the type of pension, the ages of the spouses, and the overall balance of the marital estate. Because pensions are often one of the largest assets in a divorce, it’s important to have experienced legal and financial guidance in valuing and dividing them.

What about service before or after the marriage?

Often, one spouse started earning their pension before the marriage, or will keep earning service credits after the divorce. In those cases, Michigan courts typically use what’s called a coverture fraction to figure out the marital share.

Here’s how it works in plain English:

• Imagine the pension is like a pie.
• The size of the pie is based on the total years of service.
• The “marital portion” is the slice earned during the marriage—from the wedding date to the date of valuation (commonly the filing date or date of divorce, depending on the circumstances).
• The coverture fraction is a simple fraction: years of service during the marriage ÷ total years of service.
• That fraction is applied to the pension benefit to calculate the part considered marital property.

For example, if your spouse worked 20 years total, but only 10 of those years were during your marriage, the marital portion would be 10/20, or half of the pension. Using this same example, if the monthly pension is $2,000 and the marital fraction is 10/20 (50%), the marital portion is $1,000/month. That $1,000 is then divided between spouses–$500 each.

Just like assets, marital debt is divided in divorce. In Michigan, that usually means the court looks at when the debt was incurred and for what purpose. Debts taken on during the marriage for the benefit of the household are generally considered marital debts, even if they’re in only one spouse’s name.

What if the debt is in only one spouse’s name?

It may still be considered marital. For example, if one spouse took out a credit card during the marriage to buy groceries or pay bills, that debt will likely be divided between both spouses.

What about debts I didn’t know about or didn’t agree to?

Unfortunately, those may still be treated as marital debts if they were incurred during the marriage and used for the household. However, if a spouse took on debt for secret purposes—such as gambling, an affair, or purchases that clearly didn’t benefit the family—the court may assign that debt solely to the spouse who incurred it.

If you suspect undisclosed debt, your attorney can use discovery tools to verify accounts and transactions before finalizing your judgment.

What about debts from before the marriage?

Debts incurred before the marriage are usually treated as that spouse’s separate responsibility, unless they were later refinanced or consolidated into joint accounts.

Why legal guidance matters

Because debt division depends not just on timing, but also on purpose and fairness, it can get complicated quickly. A skilled family law attorney can help uncover hidden or unknown debts, show whether certain obligations should be divided or kept separate, and advocate for a division that protects your financial stability.

Michigan follows “equitable distribution,” meaning property is divided fairly under the circumstances. While this generally means something close to 50/50 division, the facts may justify a different division. Courts consider factors such as the length of the marriage, ages of the parties, contributions to the household, earning ability, and relevant marital misconduct.

A family business is often one of the most challenging assets to divide in divorce. The first step is valuation—determining what the business is worth, often with the help of a financial expert. Once the value is established, there are a few possible outcomes:

• One spouse keeps the business and “buys out” the other’s share using other marital assets (cash, investments, property equity, or payments over time).
• The spouses sell the business and divide the proceeds.
• In rare cases, spouses continue to co-own and operate the business together after divorce. The court will not require this, but spouses can agree to it.

Because businesses involve both financial and personal investments, disputes over control and value are common. Having an attorney with experience in business division helps ensure the process is fair and protects your financial future.

If the home was acquired during the marriage, it is usually marital property regardless of whose name is on the deed. It can be sold and the proceeds divided, or one spouse may buy out the other’s interest. Your attorney will ask you about other facts that could affect the analysis, such as whose money funded the down payment.

Yes. Divorcing spouses can agree on the amount and duration of spousal support and whether spousal support can be modified later.

Yes, spouses can agree to no support in their divorce judgment. Courts generally uphold such agreements as long as they are voluntary and not unconscionable.

Yes, it can. While Michigan is a no-fault divorce state, misconduct like adultery, abuse, or financial waste can influence whether support is awarded and in what amount.

It depends. Support can be temporary, rehabilitative (to help one spouse get back on their feet), long-term, or in rare cases, permanent. Duration is based on considerations such as the length of the marriage and each spouse’s circumstances.

No. In determining whether spousal support should be paid and if so, how much and for how long, courts consider many factors. These factors include the length of the marriage, age and health of the spouses, earning capacity, contributions to the marriage, and more.

You generally have 21 days from the entry of the final order or judgment to file an appeal. Different deadlines may apply to certain post-judgment motions; speak with an appellate attorney immediately. Missing your deadline can require that you apply to file a late appeal, which may not be granted.

This varies widely, but a general expectation would be 12 to 18 months, depending on the complexity of the case and the court’s schedule. The Court of Appeals is mandated to handle custody cases on an expedited basis, but this can still take six months or much longer.

The appellate court may affirm the trial court’s decision, reverse it, modify part of it, remand the case for further proceedings, or dismiss the appeal for procedural reasons.

Not every court ruling can be appealed in the same way. In Michigan, there are two main types of appeals:

Appeals of Right

Some court orders are considered “final orders” because they resolve all the main issues in a case. If you receive a final judgment or final order, you usually have an automatic right to appeal it. That means the Michigan Court of Appeals must accept your case if you file within the required deadline (generally 21 days from the date of the order).

Applications for Leave to Appeal

Other orders—such as temporary custody or support orders, or certain decisions made in the middle of a case—are not final. To challenge those, you must file what’s called an Application for Leave to Appeal. The Court of Appeals then decides whether to accept or deny your application. To be granted, you usually must show that the order involves an important legal issue or that waiting until the end of the case would cause serious harm.

Bottom line:

Final orders = appeal of right (automatic if timely filed).

Temporary or interim orders, or a late appeal of a final order = application for leave (discretionary).An experienced appellate attorney can quickly assess whether your order is appealable as of right, or whether an application is necessary, and can advise you on the strategy and deadlines that apply.

Even in cases that seem “simple,” family law has long-term consequences. What you agree to today—about property, custody, parenting time, or support—may be very difficult or even impossible to change later. Many people who try to handle matters themselves end up needing legal help down the road to fix mistakes. A consultation with an attorney can help you understand whether your case truly is simple, and what’s at stake if you go it alone.

We bill on an hourly basis, meaning you are charged for the actual time we spend working on your case. This includes things like communications, meeting with you, reviewing documents, drafting pleadings, negotiating with opposing counsel, and appearing in court.

At the beginning of your case, you’ll pay a retainer—an upfront deposit that is placed in a client trust account. As we work on your case, we bill our time against that retainer. When the balance runs low, we’ll ask you to replenish it so we can continue representing you.

This structure ensures transparency: you only pay for the work that is actually done. It also allows us to scale our efforts to the complexity of your case—whether it’s relatively straightforward or requires extensive litigation.

Costs & Decision-Making: You Stay in Control

At Alane Family Law, we believe your case and your money should always remain under your control. That means we never make strategic moves, file motions, or incur significant costs without discussing them with you first.

 

Every major decision in your case is vetted through you so you understand your options, the likely outcomes, and the associated costs before moving forward. This ensures two things:

• Transparency: you know exactly how your resources are being used.
• Control: you decide how to invest in your case, based on what matters most to you and your family.

Our role is to give you the information, advice, and advocacy you need to make confident decisions—not to spend your money without your knowledge or consent.

Do you offer payment plans?

No. At Alane Family Law, we do not offer payment plans. Family law cases are often unpredictable, and the costs can change depending on whether a matter settles quickly or requires extended litigation. Offering payment plans shifts the focus away from your case and toward collections, which doesn’t serve you well and can compromise the attorney-client relationship.

 

Instead, we use a retainer and hourly billing model. This ensures that your case always has the financial resources it needs as it moves forward. It also allows us to stay focused on your legal goals rather than tracking down payments. This structure provides transparency—you see exactly what work is being done—and flexibility, since it scales to the needs of your particular case.

How can I pay for legal fees?

It’s common to wonder how you’ll cover the cost of legal representation. Every family’s financial circumstances are different, but here are some of the most common ways clients pay their retainers and ongoing fees:

• Joint or marital funds. Many clients use joint accounts or marital funds to pay their initial retainer and fees. However, if an asset-restraining order is in place, there may be limits on moving or spending joint funds. Check with your attorney first.
• Personal savings or income. Many clients use their own accounts or income streams to cover fees as the case progresses (so long as an asset-restraining order does not prevent this—check with your attorney).
• Credit cards or personal loans. Some clients prefer to spread the cost over time by using credit or borrowing.
• Family or friends. In some situations, clients borrow from trusted relatives or friends who want to help them get the legal support they need.

What matters most is that your attorney-client relationship has the resources it needs to move forward. We’ll discuss your retainer up front so you understand exactly what’s required, and we’ll keep you informed about costs as your case develops so there are no surprises.

The cost of a divorce or custody action in Michigan can vary widely depending on the complexity of your case. Factors that affect cost include how many issues you and your spouse or co-parent can agree on, whether you have children, and how willing both sides are to work toward resolution. Cases that involve disputes over custody, allegations of domestic violence, CPS involvement, substance use, or significant financial or mental health concerns tend to require more time and resources.

We always focus on resolving cases as efficiently as possible while protecting what matters most to you. During your consultation, we’ll give you a clearer sense of what your case is likely to involve so you can plan with confidence. And during your case, we’ll discuss scope and strategy with you before major steps so you can weigh cost vs. benefit. 

You can still move forward. In Michigan, if your spouse fails to respond after being served with divorce papers, the court can enter a “default judgment.” That means the divorce can be finalized without their participation, as long as you follow the proper legal steps. Having an attorney ensures the process is handled correctly and that your rights are protected even if your spouse doesn’t cooperate.