We Focus on Finding Effective, Practical Solutions to all Divorce-Related Issues 

When you are facing a family law issue, you need a lawyer who understands the law, and can give your case the personal attention, compassion and dedication that it deserves.

As experienced and accomplished Farmington Hills, Michigan Family Lawyers, our firm will work closely with you throughout the legal process. During a divorce, people often must deal with emotional and financial challenges. You can be sure that you will be given the information you need to make informed decisions for yourself and your loved ones.

Every client is important to us, and we will diligently pursue the most successful outcome possible.

Contact our firm today if you or a loved one needs legal assistance with any of the following:

• Divorce
• Child Custody
• Child Support
• Parenting Time/Child Visitation
• Spousal Support (Alimony)
• Modifications
• Divorce Mediation/Collaborative Divorce
• Paternity
• Property and Debt Division
• Prenuptial Agreements

Alternative Divorce Processes

Our attorneys have helped men and women throughout Southeast Michigan who are going through, or considering, divorce. Allyn Smith Law Group, PC focuses on finding effective, practical solutions to all divorce-related issues, and providing clients with caring legal alternatives to help everyone through this often difficult time.

Our firm philosophy is to promote civility throughout the process in order to help our clients transition to a more positive post-divorce life. With this in mind, our firm offers traditional approaches to divorce, as well as collaborative divorce and mediation. Our attorneys Eden Allyn and Kristin Smith are certified in collaborative practice and are trained mediators, and their dedication to these alternative processes are reflected in their commitment to volunteer their mediation services monthly in the Wayne County Family Court.

Eden Allyn and Kristin Smith consistently participate in continuing legal education and are active in the professional community so as to ensure that they consistently deliver the highest quality legal representation to our clients.

If you or someone you know needs the assistance of an experienced Farmington Hills, Michigan Family attorney, call Allyn Smith Law Group, PC today at 866-742-3006, or complete the contact form provided on this site to schedule a free consultation.

Our firm proudly serves clients throughout southeast Michigan and metro Detroit, including the cities of Detroit, Livonia, Dearborn, Farmington Hills, Birmingham, Rochester, Southfield, Pontiac, Troy, Royal Oak, Warren, and the counties of Wayne, Oakland, Macomb, Washtenaw, and Livingston.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. ; The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. ; Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

If you or someone you know needs the assistance of an experienced Farmington Hills, Michigan Family attorney, call Allyn Smith Law Group, PC today at 866-742-3006, or complete the contact form provided on this site to schedule a free consultation.

If you or someone you know needs the assistance of an experienced Farmington Hills, Michigan Family attorney, call Allyn Smith Law Group, PC today at 866-742-3006, or complete the contact form provided on this site to schedule a free consultation.

ADDRESS OF THE FIRM:
Allyn Smith Law Group, PC
31333 West Thirteen Mile Road
Farmington Hills, MI 48334
Phone: 866-742-3006
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Attorney Eden J. Allyn

Areas of Practice:

• Bankruptcy
• Consumer Bankruptcy
• Domestic Mediation
• Family Law: Divorce and Custody
• Real Estate Finance
• Real Estate
• Estate Planning

Certification/Specialties:

• Collaborative Family Practice, Collaborative Practice Institute of Michigan, 2008
• Divorce and Custody Mediation, Mediation and Consultation Institute, 2008

Bar Admissions:

• Michigan, 1996
  
• U.S. District Court Eastern District of Michigan, 1996

Education:

• Michigan State University, Detroit College of Law, East Lansing, Michigan, 1996, J.D.
  • Honors: Moot Court - 1994 to 1996
• University of Michigan, Ann Arbor, Michigan, 1992, B.A.
  • Major: English Literature

Professional Associations and Memberships:

• Collaborative Practice Institute of Michigan
• International Academy of Collaborative Professionals
• Association for Conflict Resolution
• Family Mediation Council
• Consumer Bankruptcy Association

Past Employment Positions:

• Law Offices of Eden J. Allyn, Attorney, 2002 - 2008
• Luna Entertainment, Attorney, 2001 - 2002
• Sterling Mortgage & Investment Co., Corporate Counsel, 1996 - 2001

• Attorney Kristin M. Smith

Areas of Practice:

• Family: Divorce and Custody
• Domestic Mediation
• Estate Planning
• Real Estate Finance
• Real Estate
• Bankruptcy

Certification/Specialties:

• Collaborative Family Practice, Collaborative Practice Institute of Michigan, 2008
• Divorce and Custody Mediation, Mediation and Consultation Institute, 2008

Bar Admissions:

• Michigan, 1995
• U.S. District Court Eastern District of Michigan, 1995

Education:

• Detroit College of Law, Detroit, Michigan, 1995, J.D.
• University of Michigan, Ann Arbor, Michigan, 1992, B.A.
  • Major: Public Administration

Professional Associations and Memberships:

• Collaborative Practice Institute of Michigan
• Int'l Academy of Collaborative Professionals
• Association for Conflict Resolution
• Family Mediation Council

Past Employment Positions:

• GE Capita, Managing Attorney, 2000 - 2002
• Kemp Klein Umprey & Endelman, P.C., Associate Attorney, 1998 - 2000
• Victor and Robbins, Associate Attorney, 1995 - 1998