FAQs

What Is A Special Needs Trust? If you are thinking about drafting an estate plan and have a family member with a chronic illness or special needs, then the discussion with the attorney should include the benefits of having a special needs trust. Before you have this conversation, you should have a basic understanding of…

What Documents Does My Divorce Attorney Need? One of the most asked questions here at Melissa Pearce & Associates, PLC, is: “What information do you need from me for my divorce?” Sometimes that answer is not simple. It depends on what is requested during the discovery process. However, we want to share with you our recommended…

Can I Legally Adopt My Step-Child? Yes, you may be able to legally adopt your step-child. However, it is important to note that a child can only have two legal parents in Michigan, so in order for a new spouse to adopt their step-child, the child’s birth parent must agree to terminate their parental rights.…

Can I Change My Parenting Time Agreement in Michigan? Even though parenting time arrangements may feel final, especially when they are issued by court order, it is important to understand that they can change over time. Michigan courts understand that as children grow and evolve, their needs change, as do the parents’ circumstances. Although the…

We have joint Legal Custody but cannot agree on decisions for our children. What do my ex-spouse and I need to do? If you and your ex-spouse agreed to - or the court ordered - joint legal custody as part of your judgment, then both parents must agree on major decisions that would affect the…

Do all attorneys charge by the hour? The quick answer is no, we do not charge by the hour. In 2020, Melissa Pearce decided to change the way we bill our clients for our services. Now, every matter that we handle is billed on a flat fee basis. This means that the price for your…

What if I fail to Answer the Complaint for Divorce? When you are served with a Complaint for Divorce, you are given 21 days, if served in person, or 28 days if served by mail. If you fail to file an Answer to the Complaint for Divorce, the Plaintiff can file a Request for Entry…

Now that my divorce is final, what should I do? The first instruction that is given to every client is to retain a hard copy of the Judgment of Divorce as well as any order that accompanied it. The second instruction is to note any time frames listed within the Judgment of Divorce. These are…

You made the decision to file for divorce or you just received divorce pleadings, what do you do next? While most people understand that the next decision should be to consult with an attorney, they forget the second step to take. That step is to take a vacation – from all social media accounts. Social…

How Do I Protect My Separate Property in Divorce? Lately, I have been receiving questions about how one spouse can protect assets they bring into the marriage, or separate property. The answer is not always clear at first as it requires an investigation into how the property was held throughout the marriage. Clients do not…

One of the top reasons that I hear that individuals do not hire an attorney to represent them in a divorce action is that they are afraid of the total fees. Potential clients are worried that attorneys who charge an hourly rate can end up costing tens of thousands of dollars. For some individuals, this…

Discussions, memes, news reports and social media are inundated with information about the pandemic. Missing, though is information for divorced parents and single parents with custody orders, while struggling under Covid-19, and managing parenting time amidst these restrictions. Here are some things that you can do to maintain normalcy during this time of health concerns…

Will I Receive Or Pay Child Support? Child Support. It is one issue that can slow down a divorce case. But there are five things that you should know about Michigan child support before you bring your divorce to a standstill over the amount of child support being proposed or ordered. Child Support is controlled…

Can My Custody Order be Changed? Your Judgment of Divorce has been entered with the court. But the entry of the Judgment of Divorce has not stopped the issues with your ex-spouse that led to the divorce first place. Now, you are being denied parenting time or being left in the dark on decisions about…

What is Medical Support? Medical support is a form of child support that is often provided through an employer’s health insurance plan. Child support agencies will send a National Medical Support Notice (NMSN) to the employer to order coverage for an employee’s children. The specific language is contained within the Uniform Child Support Order. It…

What are the Types of Child Custody? When it comes to children and divorce, there can be confusion on the types of child custody and related issues. Legal custody, physical custody, parenting time, child support are each a separate issue that must be resolved before the Judgment of Divorce is entered. This blog is introductory…

How Should Divorced Parents Communicate? While divorce ends a legal marital status, it does not end the co-parenting relationship that exists between mothers and fathers. Divorced parents communicate successfully with the best interest of their children in mind. Understanding that your ex-spouse will still be involved in your life when you have children together can…

Do I Need A Mediator for Divorce? You have just been served with papers for divorce. Your mind immediately envisions scenes from War of the Roses or Kramer v Kramer. This vision you have may not happen in southeast Michigan. Most divorces in southeast Michigan are not resolved by the court, but rather by the parties during mediation.…

What is the 100 Mile Rule in Michigan? Divorce or separation often opens an opportunity for a person to start fresh and take on opportunities they might not have been able to previously. Sometimes, this involves making a big move a far distance from the area where they lived while with their former partner. However,…