Lansing, Michigan Family Law Attorneys – Areas of Litigation

National statistics indicate that one out of every two marriages will result in a divorce. The percentage of marriage breakups is still higher among “second” marriages. In your lifetime, the likelihood of divorce impacting you or a loved one is exceedingly high. Since it was founded in 1951, Sinas, Dramis, Brake, Boughton & McIntyre, P.C. has earned a distinguished reputation for providing representation to clients in family law matters. Our Lansing, Michigan family law attorneys are skilled in the litigation of all aspects of domestic relations law, including divorce, child custody, paternity, spousal support (alimony), prenuptial agreements, and complex substantial estate divorce cases. Our clients benefit significantly from our firm's decades of experience and expertise dealing with the critical issues that confront clients involved in or needing assistance in family law matters.

The family law division of Sinas, Dramis, Brake, Boughton & McIntyre, P.C. is directed by Mr. Bernard F. Finn. Attorney Finn has been selected several times by his peers as one of the "Best Lawyers in America" in the field of domestic relations law. Along with our other Lansing, Michigan family law attorneys, Mr. Finn provides our clients with the knowledge and dedication they need during what can be a difficult time in their family's life.  If you are seeking a skilled domestic relations litigator, contact the Sinas, Dramis, Brake, Boughton & McIntyre, P.C. law firm today.

Divorce

Going through a divorce is almost invariably a difficult time in any person's life, especially if there are minor children involved.  The goal of our Lansing, Michigan family law attorneys is to make the divorce process as comfortable as possible, keeping in mind that the ultimate outcome should be fair and just. 

Property Division

There is no fixed or established percentage or mathematical formula applied to the division of a marital estate upon divorce. The courts are obligated to consider many things in deciding how to allocate or divide a marital estate in the case of divorce. Those factors include the length of the marriage, the contribution of each party to the marital estate, each parties’ station in life, the parties’ earning ability, age, health, needs, fault or past misconduct and other “equitable” factors. The court is obligated to strive for an equitable (fair) division of the assets of the marriage or appreciation of assets that may have been owned prior to the marriage but that increased in value during the marriage as a result of the efforts of the parties.

In its most quintessential form, the division of a marital estate is a three step inquiry. The scope or breath of the marital estate must first be ascertained. That is, what is in the marital estate?  Secondly, the property that is marital must be appropriately valued in ways authorized by law. Finally, the court must divide the marital assets equitably.  While there are many sub-issues associated with each of these steps (such as whether inherited property or property owned prior to the marriage is part of the marital estate, the effect of gifts between the spouses, and the like) this method of dividing a marital estate applies to all sizes of marital estates. Determining the scope of the marital estate and the value of the assets can be a time-consuming part of the divorce process. In determining property issues, the court will usually consider the following: age of the parties, health of the parties, sources of the property, length of the marriage, how the property was accumulated, needs of the parties, needs of the children, earning ability and capacity of the parties, fault of the parties, and other factors. Our Lansing, Michigan family law attorneys can provide you with sound legal counsel if you are undergoing a divorce.

Learn more about property division and spousal support, and find out how our family law attorneys can help you.

What is “Marital” Property?

What is marital property is sometimes quite obvious and at other times quite difficult to determine. In any event, it is a very “fact intensive” inquiry. Ordinarily, all assets acquired during the marriage by either party are “marital”. In addition, assets owned by either party prior to the marriage which appreciate during the marriage as a result of the efforts of the parties will also be considered marital in nature.  Assets (or parts of assets) owned by one party prior to the marriage which may have been kept separate or segregated during the marriage may not be determined to be marital assets. The length of the marriage and the co-mingling of assets during the marriage are pivotal on the issue of whether property is marital or non-marital.

How is marital property valued?

The determination of the value of marital property can be as simple as ascertaining the value of a bank account or as complex as the value of an ongoing business or the value of a timeshare. Often, expert assistance from forensic accountants, economists and appraisers is necessary to properly ascertain the marital value of assets. In many cases these assets will constitute a very large portion of the marital estate.  The proper and fair evaluation of these assets is critical.

Many times these assets are valued at what they could be sold for to a willing buyer.  Sometimes assets have intrinsic or “personal” value that increases the value to one party or the other. Occasionally, the value of assets is determined by what return the assets will provide to the owner of the assets. Each asset (or type of asset) must be carefully valued so as to allow an appropriate allocation between the parties of the value of the marital assets. Our Lansing, Michigan family law attorneys can help determine the value of your assets.

Child Custody and Child Support

The questions of child custody and child support are hot-button issues during divorce proceedings. Our family law attorneys take a clear-cut, fair stance on these matters: child custody arrangements should be based on what is in the best interests of the child and the parents' ability to provide a living environment that will foster growth, and child support is designed to allocate between a child's parents the financial responsibility for providing for the needs of the child.

Health Care Insurance Issues in Divorce

The law requires that the Family Court may order that both parents provide health care insurance for their children, provided that the insurance is provided by the parents’ employer at a “reasonable cost” to the parent. Reasonable cost is defined as an amount less than 5% of the parent’s net income. The court may order only one parent to insure the children as the facts may dictate.

The Michigan Child Support Guidelines also allocate between the parties regular remedial health costs (bandages, cough syrup and the like), ordinary health costs and extra ordinary costs. Additionally, the court will allocate between the parties on a percentage basis the uncovered medical costs for the children (co-pays, deductibles, etc.).

The reasonable cost of health care insurance is becoming a national concern for employees and employers, health care providers and patients. This issue takes on heightened importance as the divorcing person will potentially lose their health insurance after the divorce because it had been provided previously through their spouse.

Recognizing this problem, Congress enacted the Consolidated Omnibus Budget Reconciliation Act of 1985. It is popularly known as COBRA. This act addresses the availability of health care insurance for divorcing parents in many cases. Basically, the act provides that if your soon-to-be former spouse’s employer employs more than 20 people, the health care provider must make the same health care insurance available to your spouse available to you at basically the same cost. The insurance is only required to be made available for 36 months from and after the Judgment of Divorce. A divorcing spouse is obligated to apply for COBRA benefits within 60 days of the Judgment of Divorce.

The COBRA Act does not address who pays for the premiums for this insurance and in the absence of some agreement or court order, the divorcing parent utilizing COBRA to obtain health care insurance will be obligated to pay the premiums for the same.

Prenuptial Agreements

Prenuptial Agreements (sometimes referred to as Antenuptial Agreements or "prenups") are growing in popularity and societal recognition. When properly executed and fairly applied, they are enforceable in Michigan. However, there are many complexities associated with the preparation, enforcement, and validity of such agreements.  Many times the enforceability and validity of these agreements are focal points during the divorce litigation because of their potential effect on the ultimate outcome of many important divorce issues. It is of critical importance that your attorney be familiar with the law and the facts associated with any claims regarding a Prenuptial Agreement claimed to be controlling in your case. Our Lansing, Michigan family law attorneys are experienced with prenuptial agreement litigation and drafting, and we can help if you are looking to challenge a prenuptial agreement or draft one.

Click here to learn more about the handling of Pension Plans

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Contact Our Family Law Attorneys

Serving families in Lansing and across Michigan, the family law attorneys at Sinas, Dramis, Brake, Boughton & McIntyre, P.C. can help you reach a favorable agreement concerning a divorce, child custody dispute, or other domestic relations matter.  Contact our family law attorneys today for more information.