Family Law Attorney for Your Needs
We’re here to provide creative, empathetic solutions to navigate divorce, spousal support, child support, custody and other family law matters.
Covering divorce, child support, adoptions, custody, paternity and other legal matters, family law is one of our most complex and potentially challenging practice areas. The cases involve a wide range of legal issues, and the relevant laws change frequently. An effective attorney needs to be skilled in both negotiation and litigation, as unsuccessful negotiations will lead to mediation or a trial – and he or she needs deep, current knowledge of the legal system here in Michigan.
At the Oliver Law Group, P.C., we understand that family law cases can be emotionally as well as legally and financially difficult. We take a holistic approach to each case, listening to all parties involved and considering every piece of information important. Even more importantly, we believe in treating each client the way we would want to be treated: with respect, integrity and compassion. Attorney Alyson Oliver and her legal team will advocate for you.
- Child Custody
- Child Support
- Spousal Support
- Adoptions and Guardianships
- Domestic Violence and Personal Protection Orders
- Property Division
- Prenuptial and Postnuptial Agreements
- Estate Planning
Every family’s case is different, and we never apply a one-size-fits-all approach. Instead, we think creatively to find a unique solution to each situation. Legal issues such as child support, property division and even divorce and child custody don’t have to be all-out battles. With creative solutions and a friendly, trustworthy attorney, these situations can be resolved amicably. We’re here to focus on your needs and help you put conflict behind you for a fresh start. Contact us today to schedule a free consultation.
The Oliver Law Group P.C.
Troy, Michigan Family Law Attorneys
363 W Big Beaver Rd #200
Troy, MI 48084
Michigan is an “equitable distribution” state, which means that when a marriage ends, the courts must distribute marital property in a manner that is fair to both parties. In general, this means the property should be divided equally, but courts can depart from this presumption of congruence for a number of reasons, including:
- Length of the marriage
- Needs of the parties
- Needs of the children, if any
- Earning power of each party
- Source of the property
- Fault in the breakdown of the marriage
Property distribution is closely connected to child custody, support issues and estate planning. For instance, if the parties have substantial assets but little income, the court may award a greater share of the assets to the party who needs support as an alternative to awarding spousal support.
A prenuptial agreement is a binding legal contract between two people who intend to marry, usually for the purpose of determining how assets will be divided in the event of a divorce. A postnuptial agreement is a similar contract between two people who are already married. In Michigan, prenuptial and postnuptial agreements cannot be used to determine child custody or child support issues, but they can determine how property will be distributed or how spousal support will be awarded. These agreements are particularly common in second marriages and for people who enter marriage with substantial assets.
In order for a prenuptial or postnuptial agreement to be legally enforceable, both parties must enter the agreement voluntarily and with full disclosure. Any element of fraud or false pretenses, such as failing to disclose an asset, could give a court cause to throw out the agreement. Moreover, the contract must be fair and equitable with all rights and waivers of rights fully understood. Thus, while Michigan law does not strictly require that both parties be represented by counsel, it is best for each party to seek representation in order to ensure that the contract will be legally enforceable in the event of a divorce.