QUESTIONS / ANSWERS
Annette on FOX 2 News answering legal questions from viewers.
1. Is there an advantage to filing first?
ANSWER: It depends on the circumstances; however, it is generally better to be on the offensive rather than the defensive end of a petition for divorce or other related matters. At the time of the initial filing, certain orders may be entered providing for custody, parenting time, support, and protection of your assets.

2. What are Ex-Parte Orders and why are they necessary?
ANSWER: An Ex-Parte Order may be entered at the time of the filing of the Complaint, without a hearing, if the Complaint specifies a need for the order, such a party’s interest would be adversely affected by not entering the order.
Annette answers a legal inquiry in the FOX 2 newsroom FOX 2’s Jay Towers interviews Annette
3. Is alimony awarded?
ANSWER: Yes. Alimony is determined on a case by case basis depending on the facts and circumstances of your circumstances. Michigan statute provides certain criteria for assisting the Court’s in determining whether or not alimony is appropriate. There are also guidelines give a general view as to how much support an individual should receive and for how long.
4. How long will a divorce take?
ANSWER: Michigan law provides that if there are children, there is a statutory six (6) month waiting period from the time a Complaint is filed until a Judgment of Divorce can be entered. If there are no children, there is a sixty (60) day waiting period. Some Judges will waive the six month statutory waiting period based on the consent of the parties and the agreement of the court based upon the best interests of the children. In a divorce case without children, the Court cannot enter a Judgment of Divorce prior to sixty days from the date of the filing of the petition for divorce.
Annette and FOX 2 News anchor Charles Pugh Annette and FOX 2 News anchor Deena Centofanti
5. How much can I expect to pay for a divorce or other related matter cost?
Annette appeared on FOX 2 News July 24-25, 2005 to discuss custody issues facing fathers.
ANSWER: Most attorneys will charge by the hour and will take a retainer up front. Each case is different and it generally depends on the complexity of the case and how much court time is expected to be spent.
6. Is custody automatically awarded to the mother?
ANSWER: No. The Court will look at the best interest of the minor children and utilize the Uniform Child Custody Factors when determining what custodial arrangement and parenting time schedule would be best.
7. How is child support determined?
ANSWER: The Michigan Child Support Guidelines are, under most circumstances, required to be used to determine child support. The guidelines are based on the custodial parent’s net income versus the non-custodial parent’s income taking into consideration what the developers of the guidelines believe are necessary for the support of the children.
Annette is interviewed by FOX 2 correspondent Pallas Hupe Annette and FOX 2's Pallas Hupe with a client and his daughter featured on TV
8. How does the Court determine what is in the marital estate?
ANSWER: Generally, assets accumulated during the course of the marriage are considered “marital” and subject to division. There are grey areas such as pre-marital property, inheritances, gifted property and separate property which must be identified. “Separate property” may be excluded from marital division based upon the date of acquisition, value during the marriage, intent of the parties and other factors.
9. Can one attorney represent both parties?
ANSWER: No. An attorney can only provide legal advise to one party. An attorney can, however, assist the client and the other party in reaching an amicable resolution and draft the agreement in the legal pleadings.
Annette and FOX 2's Pallas Hupe with another client and his daughter featured on TV FOX 2 tapes Annette's client with his daughter
10. Can I get my spouse drug tested?
ANSWER: Yes, however, the Court may require the drug and/or alcohol testing to be conducted on both parties.
12. What is a No Fault Divorce?

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ANSWER: A No Fault Divorce is one in which you do not need to claim fault in order to get the divorce; however, fault may be taken into consideration in determining how the property is to be divided and in issues related to the children or spousal support.

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13. What happens if my spouse hides assets?
ANSWER: He or she runs the risk of losing the asset in its entirety when it is discovered.
14. Can the Court mandate counseling?
ANSWER: No. The parties, through effective counsel, can agree to participate in facilitation, family counseling, or individual therapy in order to assist the family in the transition of becoming a divorced household. There are many therapists, counselors and doctors who assist families in working together to better learn how to communicate effectively and co-parent from two homes.
15. How do I know which attorney is right for me?
ANSWER: You must follow your first instinct. Beware of attorneys who tell you what you want to hear. Knowledge is power, and without understanding the legal system and procedures, you will be forced to rely on an attorney or the Court to make your decisions, rather than yourself. Be sure you are advised on the process, the expectations, the realistic best case and worse case scenario. You must have a connection with your attorney that surpasses providing lists of assets and demands. You will most definitely develop a bond and relationship with your attorney throughout the legal process and you want to feel good and secure with that relationship.