Based on the “Ask a Divorce Lawyer Anything – Live Michigan Q&A with Garry Greenberg” webinar
Divorce can be confusing, emotional, and overwhelming—but it doesn’t have to be. When you understand your rights and what to expect, you can make smarter decisions and avoid costly mistakes.
This article brings together the most common—and most important—questions Michigan residents ask when facing divorce. With insights drawn from years of courtroom experience, attorney Garry Greenberg breaks down everything from custody and support to business ownership and financial protection.
About Custody and Parenting Time
How is custody decided?
Michigan law separates custody into two parts:
- Legal custody: the right to make major decisions for the child (school, religion, medical care)
- Physical custody: where the child lives and how parenting time is shared
Courts generally award joint legal custody unless there’s a strong reason not to. Physical custody depends on many factors.
What do judges consider when deciding parenting time?
Judges use a 12-factor “best interest of the child” test. Key factors include:
- The emotional bond with each parent
- Parenting ability and involvement
- Work schedules and home stability
- The child’s school, grade level, and extracurricular needs
- Any special medical, educational, or emotional needs
- History of abuse, neglect, or parental alienation
Consistency is key. Courts prioritize parenting plans that maintain structure and promote cooperation.
Can my child choose where to live?
Not exactly. A child’s preference may be considered, especially if they are mature and older, but it’s just one of many factors. A judge won’t rely solely on what the child says—they’ll weigh it alongside stability, school performance, emotional well-being, and parenting history.
What if my child has special needs?
Courts take this seriously. A child with special education, medical, or emotional needs may require a tailored parenting plan. Judges will consider who’s best equipped to handle therapies, schooling, medical care, and more.
What if one parent is turning the kids against the other?
That’s called parental alienation, and courts can intervene. If one parent is poisoning the child’s relationship with the other through manipulation, false claims, or constant criticism, it may result in modified parenting time or other consequences.
But claims of alienation must be backed by evidence—judges don’t rely on vague accusations.
Support and Child-Related Expenses Questions
How is child support calculated?
Michigan applies a formula that considers:
- Both parents’ income
- Number of overnights
- Healthcare premiums
- Childcare expenses
- Other children supported
The formula is a baseline. Courts can adjust support for unique circumstances—like high travel costs for visitation or uneven distribution of child-related expenses.
Who pays for extracurriculars, school supplies, or tutoring?
Unless your court order says otherwise, these expenses are not automatically shared. If they matter to you, spell them out in your parenting agreement. Don’t rely on informal agreements—they’re not enforceable in court.
Property Division and Business Assets
What happens to the house?
If purchased during the marriage, it’s a marital asset—even if only one spouse is on the deed. It may be sold, or one spouse may buy out the other’s equity.
In custody cases, courts sometimes allow the custodial parent to stay in the home temporarily to minimize disruption for the children.
What happens to a business?
If the business was started or grew during the marriage, it’s likely a marital asset—even if only one spouse ran it.
Let’s say one spouse worked in the business unpaid, or the family’s income supported its growth. That’s value you contributed to and are likely entitled to share in. Courts may:
- Order a valuation of the business
- Assign part of its value to the non-owner spouse
- Consider whether it existed pre-marriage but appreciated significantly
What if my spouse says I “gave up” my rights by not working?
That argument doesn’t hold. If you stayed home with kids, supported the business, or helped build a home, your contributions have financial and legal value. Courts recognize unpaid labor as part of marital contributions.
What if we got married in a different state or country?
It doesn’t matter where you got married. As long as you meet Michigan’s residency requirements, the divorce will be handled under Michigan law.
Protecting Yourself Financially
How do I protect myself in a divorce?
Start with documentation. To understand what’s fair, you need to know:
- What assets exist
- What liabilities exist
- Where income is going
Gather bank statements, retirement accounts, tax returns, business ledgers, and credit card statements.
If your spouse controls the money or keeps you in the dark, your lawyer can issue subpoenas or request discovery through the court.
What is a forensic examination?
This is a deep financial audit conducted by experts—often used when one spouse owns a business or there’s suspicion of hidden assets. A forensic accountant can trace money through bank accounts, investments, and corporate books.
It’s especially useful in cases where one spouse is self-employed or mixes personal and business expenses.
Can I use money from our joint account to pay for a lawyer?
Possibly—but be careful. If you withdraw money without your spouse’s knowledge, it could trigger conflict or emergency motions in court.
Speak to your attorney first. Depending on your situation, safer options may include:
- Using a credit card
- Borrowing from a family member
- Asking the court to order access to funds for legal representation
The court can also award attorney fees if one party has control over all resources.
Legal Process and Strategy
Should I move out before filing for divorce?
Generally, no. Leaving the marital home—especially if children are involved—can affect your custody rights. It may look like abandonment or give your spouse an advantage in establishing routines with the children.
Before moving out, consult an attorney. There are safer strategies to create space or separation without jeopardizing your legal standing.
Will I have to go to court?
Not necessarily. Most divorces are settled out of court through negotiation or mediation. But you’ll still need legal representation to draft or review the final judgment to ensure your rights are protected.
How long will the divorce take?
- Without minor children: 60-day minimum waiting period
- With minor children: 6-month waiting period
But these are just minimums. Complex cases can take 9–12 months depending on disputes, discovery, or court availability.
Final Thought: Strategy Matters
Divorce isn’t just about filling out forms—it’s about protecting your future. Whether you’re dividing a business, protecting parenting rights, or securing financial support, every decision should be strategic.
At The Smart Law Group, we help you approach divorce with clarity and control—so you can move forward on solid ground.
