Macomb County Family Law

Family Law

Family law issues can be some of the most emotional and combative legal matters a person will face. When conflicts arise during a divorce or child custody case, your parental rights, time with your children, and financial future could all be on the line. You need guidance from a knowledgeable Michigan family law attorney who will advocate for you and your children.

At Aiello & Associates PLLC, we offer honest, compassionate representation for a wide range of family law matters. We understand that nothing is more important than the ones you love, and we will dedicate ourselves to defending your rights.

Our Family Law Practice Areas

• Divorce

• Child Custody & Adoption

• Spousal and Child Support

• Alimony & APL

• Dividing Marital Property

• Collaborative Law

• Complex Cases

• Prenuptial Agreements

• Postnuptial / Marriage Agreements

• Estate Planning & Asset Protection

• Guardianships & Conservatorships

• Protection From Abuse

Below is information on some of the most common family law issues we handle. To discuss your family law matter and how we can help, call today to schedule your free consultation.

Michigan Divorce

Realizing that your marriage will not continue is rarely easy, and divorce can lead many people to make high-stakes decisions when emotions are high, leading to long-term consequences. Even when ex-spouses agree on issues like property division and parenting time, the divorce process can be complex, and having the right legal representation can save you time and money down the road. We’ll help protect you and your loved ones every step of the way.

Michigan Child Support

Michigan law recognizes that both parents have an obligation to support their children financially. There are a number of factors used to determine the amount of child support that will be paid to one party or the other. Some of those factors include:

• Net monthly income of both parents
• Number of children supported by parent
• Cost of health insurance for the child(ren)
• Each parent’s percentage of overnight stays

In some cases, child support orders or agreements may differ from the standard child support guidelines. For example, if an agreement has been made between the parents that falls outside the guidelines, the parties will have to request the Court to allow a deviation.

In addition to child support, there are also calculations to be made for ordinary medical expenses for the child, which include a standard amount per child, per year. Childcare expenses may also be included based on the age of the child(ren). Included with a child support amount is an allocation of work-related childcare expenses for the child.

Property Protection

Your family is the most important factor in a divorce. But focusing on the well-being of your children and their care can take time away from many of the other things that are affected in a divorce. While “stuff” may not be your top concern right now, it is important to ensure that you will not be left in a financial predicament that harms your ability to care for your family.

We offer a comprehensive defense of your property and assets during settlement proceedings. We can help you define what property is considered marital by law and what may qualify as your separate property. Depending on the facts of the case, we can also help you identify some property that you may not be required to divide with your spouse.

In addition, we handle issues related to existing property settlements—often, the discovery of new information or assets can mean the need to re-assess property settlement or even re-open your case.

Change of Domicile

A proposed move of over 100 miles or out of state by a parent with the child(ren) is known as a change of domicile and must be executed within the law. A pre-existing order regarding custody or parenting time will restrict such a change without a court order or consent of the other parent. Before granting a change of domicile, the courts will consider many factors, such as:

• Whether the move will improve the quality of life for both the child(ren) and parent
• How parenting time has been handled in the past between the parties and whether a move may be used to intentionally deter parenting time
• Whether the relationship between the other parent and child(ren) can be preserved

Exercising parenting time long distance often becomes complicated and expensive, and without compromise, the situation can quickly become contentious between the parents. Our skilled attorneys can offer knowledgeable guidance and help you ensure that your child(ren)’s best interests are the top priority.

Prenuptial/Ante-Nuptial Agreements

Prenuptial, or “antenuptial,” agreements are contracts relating to property made between two persons in contemplation of marriage. These agreements, when prepared properly, are enforceable in Michigan. Such an agreement enables you and your fiancé to determine your own financial future should the marriage later be terminated by a court. This can allow for some financial certainty in the event of a divorce.

Postnuptial agreements are contracts entered into between two people who are already married. Such an agreement is used to address how property rights and any rights or obligations for support will be handled if the marriage ends in divorce. A postnuptial agreement, when drafted and entered into properly, is enforceable in the event of a divorce in Michigan. Similar to a prenuptial agreement, this contract can allow for some financial certainty in the event of a divorce.

Skilled Michigan Family Law Attorneys Advocating Aggressively for You

No matter what type of family law issue you’re facing, you can trust the lawyers at Aiello & Associates PLLC to fight for your rights and best interests. Give us a call today to schedule a free consultation and discuss your divorce, custody, or other family law needs.