Q. Tell us about yourself and your practice?
A. My name is Steven T. Budaj. I have been practicing law in Detroit, Michigan since 1979. I practice in all three counties of the "tri-county" area, including Wayne, Oakland and Macomb Counties. I am a graduate of Wayne State University, where I received a bachelor's degree in Business Administration and the Detroit College of Law, a private law school at the time and now affiliated with Michigan State University, where I received a Juris Doctorate degree. For 30 years, I have been handling divorce and other domestic relations cases, including child custody, child support, parenting time, spousal support, property issues and paternity.
I have attained an AV preeminent rating from Martindale-Hubbell, an independent lawyer rating service, based on Peer Review. An AV® Rating signifies that a lawyer has reached the heights of professional excellence and is recognized for the highest levels of skill and integrity.
I can be contacted locally at 313-963-9330, Toll Free at 1-86-66-COUNSEL.
Q. How long do you take to process a divorce?
A. There are several steps in processing a divorce. After all the information is obtained in the initial interview, a complaint for divorce, and other associated documents are drafted within a couple of days. Once the complaint is signed it is filed with the court and the process begins. In any divorce case in Michigan, there is a 60-day "cooling-off" period during which the divorce cannot be finalized. This delay is done to give the parties a final chance to make sure this is what they want. If there are no property issues, a divorce without children can be completed shortly after the 60 day waiting period. If there are property issues, a process called "discovery" begins where information is obtained regarding the value of all of the marital property, real estate, personal property, pensions and retirement plans, business interests, stocks, etc. If there are minor children, Michigan law requires a 6 month waiting period in order for the Friend of the Court to complete its investigation regarding child support, custody and parenting time issues. Other States may have different waiting periods, (or no waiting periods).
Once the complaint is served on the other party (or received by a party), any problems with temporary orders need to be addressed. Good representation during a divorce case is aimed at fairly resolving all differences, if possible. Shared custody or ample visitation may resolve a custody dispute, for example. All assets and liabilities need to be identified and settlement options explored. If an agreement acceptable to both parties is reached, it must be reduced to writing in a way which protects my client's interests. If settlement does not occur, good trial preparation is the key to success. The collection of all information necessary to achieve an acceptable settlement is also necessary to good representation at trial.
The divorce is finalized through a Judgment of Divorce. Other documents, such as deeds or Qualified Domestic Relations Orders regarding pensions or retirement plans may also be necessary. A misstep at this juncture can affect one's rights later. A Judgment must be drafted properly to protect my client's interests and all that has been achieved.
Q. Do you provide free legal consultation?
A. My initial phone consultation is free. During that phone conference, I will usually discuss with the client the process involved and the potential costs involved in the case.
Q. What is your billing and payment procedure?
A. Billings are generally based on an hourly rate. The cost of a divorce can vary widely depending on the issues involved. Is it a case where there is no property and no children? Is there going to be a custody battle over a child or children? Are there substantial assets that need to be valued, appraised and divided? Are there other issues that impact the reason for the divorce, like infidelity or domestic violence, which could affect a property division? Usually, there is a retainer paid depending on the complexity of the case and additional payments if the retainer is used up, based on the hourly rate.
Q. What is, in legal terms, a divorce?
A. A divorce is a legal process where the parties are no longer married to each other. The divorce must be granted by a Judge in open court. In order to obtain a divorce in Michigan, one must state under oath that there has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed. Under Michigan's no-fault divorce law, fault is not necessary to end a marriage, but can come into play in the division of property and other assets.
Q. What are the major laws relating to a divorce?
A. Each State has its own laws relating to a divorce. In Michigan where I practice, those laws (called statutes), state all the requirements that apply to the marriage, children, child support and spousal support. The attorney should be up to date on all the laws that affect divorces and all case law interpreting those statutes.
Q. What are the most important aspects in divorce?
A. Most people need a good attorney to be part of the divorce process. Though it may seem simple, there are many pitfalls for the unwary. Retaining a good attorney is your best opportunity to ensure that the system works for you.
As with any other profession, a good attorney is an experienced attorney. The basics of divorce law are taught in law school, but the application of the basic legal principles in a particular case, however, is best accomplished by an attorney who has done it many times before. Negotiation skills, most important to a good resolution of a divorce case, are acquired only through actual experience. Since most people do not have the experience to handle these issues, a good attorney is essential.
A good attorney works for you. In many cases, the parties have agreed on many important issues. If so, a good attorney will discuss with the client the fairness of that basic agreement and draft a Divorce Judgment that accomplishes the goals of the parties. If there are disputes, a good attorney can help resolve them fairly, through legal knowledge and negotiating skills. If the disputes cannot be resolved, a good attorney must have the trial skills necessary to assist in getting the best result
Q. People talk about stress in a divorce, what can one do to lessen it?
A. Divorce can be a very stressful time. Most people are stressed out over the issues involving their children or their property. The best way to lessen that stress is to have a good attorney working for you. Your attorney can help you address the stress by advising you of the laws that apply to your situation and all of the legal options available to combat the issues. Sometimes that means getting therapists involved and sometimes it means going back to court to enforce a prior order or getting an order to protect your interests. In either event, your attorney can help relieve the stress by advising you and keeping you informed of all the steps that are involved along the way.
Q. What is custody and how is it determined?
A. Custody refers to the living arrangement for the minor child or children. This issue can be the most emotional and traumatic part of a divorce case. In Michigan, there is physical custody and legal custody. Either type of custody can be sole or joint. The basis for determining child custody is “what is in the best interests of the child.” Due to the extensive nature of custody disputes and the laws involved, this subject is best left to an in-depth discussion with an attorney. In Michigan, there is a presumption that the parties will have joint legal custody, which allows both parents to be involved in the child's life.
The parties can agree to the custody of the child, but if the Court is required to make a determination, then under Michigan Law, the Court is required to review the Child Custody Act factors in order to make a determination. These factors include an analysis of the following:
(a) The love, affection and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(I) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factors considered by the court to be relevant to a particular child custody dispute.
If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, based upon clear and convincing evidence, that joint custody is not in the best interests of the child.
Joint custody does not eliminate the responsibility for child support. Each parent is responsible for child support based on the needs of the child and the actual resources of each parent. If a parent would otherwise be unable to maintain adequate housing for the child and the other parent has sufficient resources, the court may order modified support payments for a portion of housing expenses, even during a period when the child is not residing in the home of the parent receiving support.
Child custody orders are modifiable as are child support and parenting time orders. The Court will consider the time the child has lived in a stable custodial environment and what is in the best interests of the child in resolving this issue.
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