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Experienced Family Law Attorneys in Brighton, MI

Protect Yourself and Your Family with the Help of a Professional Divorce Attorney in Brighton.

The Law Offices of Gerkin & Decker in Brighton, MI offers expertise in all areas of family law. Compassionate, knowledgeable, and committed, we specialize in protecting your interests and helping you make informed, rational decisions at a highly charged and emotional time. We put our time and talents to work for you, utilizing all available resources to obtain the best possible outcome.

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Family Law FAQs

What is "Family Law"?

Family Law is an umbrella term used to describe several areas of the law that impact families. These include divorce, legal separation, custody, paternity, parenting time, post-judgment issues, child support, and spousal support/alimony. It also may include pre- and post-nuptial agreements.

Why do I need an attorney?

Protecting your rights as a parent or your assets in a separation or divorce is crucial. Gerkin & Decker can help you understand how the law applies to your individual circumstances so you can make informed, rational decisions.

Does having an attorney create a hostile settlement atmosphere?

While different attorneys have different approaches to their involvement with clients that may create a hostile atmosphere, Gerkin & Decker's view is that having an attorney should not add pressure to an already stressful and difficult time. Gerkin & Decker strives to be as amicable yet as effective as possible while advocating for your interest. We will explain how the law applies to your particular situation and how we can help you achieve the best possible outcome based on your wishes. When necessary, we will aggressively protect your rights by following all ethical and legal guidelines.

When Dissolving a Relationship, You Have Legal Options:

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DIVORCE

When you say your "I dos," you never believe there will come a time to say "I don't," "I won't" or "I can't." But the sad truth is a high percentage of Michigan marriages end in divorce. Divorce is an incredibly emotional and trying time, especially when there are minor children involved.

We can help with:

Custody issues
Parenting time issues
Alimony and/or child support needs
Division of assets and liabilities

CUSTODY

Whether the question of custody arises as a result of divorce or a child born out of wedlock, the court is guided by the "best interests of the child." There are many considerations taken into account in this determination. Among the factors considered and evaluated by the court before determining custody are:

The love, affection, and other emotional ties between the parties involved and the child.
The capacity and disposition of the parties to provide the child with food, shelter, medical care, and other necessities of life.
The moral fitness, and mental and physical health of the parties involved.
The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

Once the court has made its determination based on the "best interests of the child," custody may be shared or awarded to just one parent. Call Gerkin & Decker to see how the Child Custody Act applies to your family circumstances and how we might best represent your interests.

LEGAL SEPARATION

Many, if not all, of the same issues faced in a divorce -- child custody, parenting time, support, and property issues -- are present in a legal separation. The key difference is that, by virtue of a legal separation, neither party can remarry. We can help with:

The most common reasons for legal separation versus divorce are religious and medical.
Despite the fact that a legal separation divides all property and debts, you are still legally married.
If you choose to end your marriage after legal separation, you will need to file additional documents with the court.

Before you pursue a legal separation over a traditional divorce, discuss your circumstances with Gerkin & Decker, P.C. We know the law and how it affects you and your situation. We can explain your options before you make any decisions about dissolving your marriage through legal separation or divorce.

CHILD SUPPORT

Every case of child support is calculated using the Michigan Child Support Formula Manual -- however, each factor used in the guidelines has variables that, if not raised correctly --- and at the right time ---can negatively impact the court's decision.

The Child Support Formula uses a variety of factors, including parental income, spousal support, number of children involved, and health and childcare costs, among others, to determine the child support obligation owed.
Once the court accepts the presented financial information, the child support payment is determined.
Should either parent's financial circumstances change, child support payments may be reviewed --- and modified --- as a post-judgment issue.

Don't let your spouse mislead the court and short-change your children. Be sure your legal team has ample opportunity to review any financial information before it is presented. Call Gerkin & Decker for help today.

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PARENTING TIME

Parenting time is generally granted to the non-custodial parent and each county has its own guidelines. No matter your situation with the other parent, your children need you now perhaps more than ever. It is imperative that you talk to Gerkin & Decker to maximize the role you have in your children's lives.

Parenting time, as ordered by the court, may be as specific or as general as you and the other parent can agree.
Parenting time is dependent on a number of issues, including parental work schedules, children's ages, the living distance between parents, school schedules, extracurricular activities, holidays, and summer vacations.
If you choose to end your marriage after legal separation, you will need to file additional documents with the court.

SPOUSAL SUPPORT / ALIMONY

The law provides important guidelines for the payment of spousal support (also known as alimony) but there is no black and white formula. Many factors play a role. Discuss your specific situation with Gerkin & Decker to understand how the court may view your claim. Our goal is to ensure you receive everything you are entitled to.

There are 11 key factors --- ranging from the duration of the marriage to the ability of the parties to pay --- that determine who receives spousal support and to what extent.
Spousal support claims may be amended long after the final divorce decree is handed down, depending on changes in circumstances such as the needs of the parties, earning ability, and other criteria.
Spousal support is decided on a case-by-case basis and may be impacted by the overall asset and debt division that occurs in the divorce.

Before you agree to terms that may not be in your long-term best interest speak with the Law Offices of Gerkin & Decker. We're here to help you get what you deserve.

PATERNITY

Is the father of your child avoiding his parental responsibilities? Has he refused to sign an affidavit of parentage acknowledging paternity? Or maybe you want proof positive that the child is yours? You have recourse. By filing a paternity action you can force the non-compliant parent's hand. Ask the family law attorneys at Gerkin & Decker how they can help get a court-ordered DNA test (often as easy as a simple swab of the mother's, child's, and alleged father's cheek) to get the process started.

The natural father of a child is obligated to pay child support and, in some instances, confinement or birthing expenses even if he is not married to the child's mother.
The natural father of a child also has a right to seek custody and parenting time with his child.

As of June 12, 2012, the Revocation of Paternity Act gives a biological father, who is not married to the biological mother, the right to bring an action in court seeking a determination of paternity as well as assert his rights to custody and parenting time with the child.

PRE & POST NUPTIAL AGREEMENTS

You're getting married and you're head over heels in love. Yours is the perfect relationship, right? What could ever go wrong? The truth is plenty. Gerkin & Decker has extensive experience with both pre-and post-nuptial agreements. We can offer a perspective that is based on Michigan law, rather than emotion, to protect your assets and loved ones in case of divorce or legal separation.

A prenuptial agreement is a legal contract created by the couple prior to marriage.
Prenuptial agreements typically contain a list of personal property and debts as well as what each party is entitled to receive should the marriage be dissolved.
Postnuptial agreements are binding contracts written after marriage.
Postnuptial agreements may help avoid a "messy" divorce by clearly stating the intentions of both parties. They may also protect children from prior marriages during estate planning.

Do you have questions about how to go about preparing a pre-or postnuptial agreement? Our family law attorneys are standing by with the information you need. Schedule your consultation today.

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POST JUDGMENT ISSUES

Clients may ask the court to revisit and modify the final judgment or order as originally handed down after their family law case has been closed. These post-judgment issues are common in a variety of scenarios:

Child custody.
Change of domicile based on parental relocation
Spousal and/or child support modifications

The Law Offices of Gerkin & Decker are well versed in post-judgment issues and can help you in supporting or opposing any modification request.

If you are considering a divorce in Brighton, Hartland, Howell, Fowlerville, Fenton, and the surrounding areas, call Gerkin & Decker, P.C. at (810) 222-6424. You can speak directly to an attorney and understand your rights before you make a decision.

Get in Touch With Our Team

When facing legal challenges, choose a law firm that truly understands the importance of community support. At Gerkin & Decker, our deep roots in Livingston County reflect our dedication to serving the hardworking people of our area. Whether you need assistance with civil issues, estate planning, probate, or business matters, we offer a practical and honest approach to every case. Experience personalized legal solutions with the integrity and dedication you deserve from a trusted local firm. Contact Gerkin & Decker today for clear guidance and reliable legal advice.

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Gerkin & Decker is your trusted local law firm. We strive to help clients achieve the best results when it comes to civil, personal, and professional legal matters.

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