Canton Divorce Lawyers
Canton Divorce Attorneys for Child Custody, Spousal Support, and Property Division
When you choose to get a divorce, you may be prepared to leave your spouse, or you may have already separated. However, as you proceed with the process of dissolving your marriage, you will need to address a variety of legal issues, including making decisions about financial concerns and the custody of your children. At Elkouri Heath, PLC, we provide representation for divorcing spouses in Canton, Michigan, helping them navigate the intricacies of the legal process and advocating for their interests. We work to protect our clients' rights at all times while helping them understand their best options for achieving their divorce-related goals.
Property Division in Michigan Divorces
When it comes to asset division during divorce, Michigan follows the rule of equitable distribution. This does not necessarily mean a 50/50 split of assets, but rather a fair distribution based on various factors, including each spouse's contributions to the marriage, the duration of the marriage, and each party's economic circumstances. Our attorneys can help determine the best ways to approach various assets when making decisions about property division, including:
- Bank accounts and cash assets: These assets may be divided equally, although other arrangements may be made upon consideration of factors like joint contributions to the marriage and each party's ongoing expenses.
- Vehicles and personal property: Items purchased during the marriage are usually considered marital property and subject to division, regardless of whose name is on the title. The value of different items may need to be considered, and sentimental value or other factors may also affect the decisions about how personal property will be divided.
- Real estate: The marital home and other real estate holdings require careful consideration during the property division process. Decisions on whether to sell the home or allow one spouse to take ownership may be influenced by factors such as the presence of children, the financial independence of each spouse, and the value of other assets.
- Retirement benefits: Pensions, 401(k) accounts, IRAs, and other retirement assets accrued during the marriage are subject to division. Special court orders called Qualified Domestic Relations Orders (QDROs) may be used to divide these plans without penalties for early withdrawal.
Challenges for Business Owners
For spouses who own businesses or professional practices, a divorce may involve additional complexities. A business owner may want to determine how to ensure that they will be able to continue owning and operating their business, or spouses may choose to sell a business or work together as co-owners after their divorce. Some considerations that may apply in these cases include:
- Business valuations: A fair valuation is crucial, since it will ensure that both spouses fully understand the present and future value of a business. In most cases, valuations will need to be performed by forensic accountants or other financial experts.
- Protecting professional practices: Doctors, dentists, accountants, or other professionals may rely on their businesses to ensure that they can continue earning an income. Strategies for addressing ownership of these practices may include negotiating buy-out terms, structuring payments, or agreeing on co-ownership conditions to preserve the business's integrity and continuity.
Spousal Support Considerations
Spousal support or alimony is not guaranteed in Michigan divorces. It is awarded based on the needs of one spouse and the other spouse's ability to pay. Factors that may influence decisions about spousal support include the length of the marriage, the standard of living during the marriage, the age and health of each spouse, and each party's financial needs and capabilities. At Elkouri Heath, PLC, we can help ensure that all factors related to spousal support will be considered correctly. Whether you believe you should receive spousal support or may be required to pay support to your ex-spouse, we can advise you on the best ways to protect your financial interests.
Addressing Child-Related Issues
In divorces involving children, parents will need to establish parenting agreements that will allow them to co-parent their children together after their divorce. Our lawyers can help ensure that the following issues will be addressed correctly in these agreements:
- Child custody: Legal decision-making authority for children will usually be shared by parents. We can ensure that a parenting agreement fully details how different decisions will be made while respecting the rights of both parents.
- Parenting time: A parenting agreement will include a schedule detailing when children will live or spend time with each parent. We can help establish arrangements that will preserve parent/child relationships while prioritizing the children's needs and best interests.
- Child support: Financial obligations will apply to both parents, ensuring that they are contributing toward their children's needs. We can ensure that child support is calculated correctly using the formulas detailed in Michigan law while also accounting for various child-related expenses.
Contact Our Canton, Michigan Divorce Attorneys
As you prepare for your divorce, partnering with a skilled attorney can ensure that you will be able to approach and resolve legal issues correctly. At Elkouri Heath, PLC, we are committed to helping you navigate the complex concerns that may arise during the divorce process, and we are prepared to fight to ensure that your financial interests and parental rights will be protected. Contact us at 248-344-9700 to set up a free consultation and learn how we can help you move forward with your divorce confidently.