Contested divorce, custody and parenting time, paternity, property division, spousal support, and post-judgment matters, including high-asset marital estates requiring business valuation and asset tracing.
John R. Foley has practiced family law in metropolitan Detroit since 1981, and the firm has concentrated on divorce and family matters since its founding in 1994. The work is led today by John as Group Head, supported by senior associate Jesse R. Stec, who has been with the firm for a decade and now leads day-to-day family law operations.
The firm handles the full range of contested divorce matters in Wayne, Oakland, Washtenaw, and Macomb Counties, including cases involving significant marital assets, closely held businesses, real estate holdings, retirement and pension interests, and disputed separate property claims. Representation includes temporary order hearings, discovery, settlement conferences, and trial, with forensic accounting and business valuation specialists engaged where the estate requires them.
Where a marriage involves threats or violence, the firm also handles petitions for personal protection orders under MCL 600.2950, and the hearings that follow, for the petitioner or the respondent.
Patrick A. Foley’s business, bankruptcy, and financial litigation experience is routinely brought to bear in family law matters involving closely held businesses, asset concealment, fraudulent conveyances, and complex financial structures. The firm has prevailed in multi-million-dollar divorce estate cases, discovering hidden assets and obtaining substantial settlements or judgments despite evasion efforts by the opposing spouse.
Past results do not guarantee a similar outcome. Every case depends on its own facts.
The firm handles paternity actions, child support establishment and modification, spousal support matters, and the full range of post-judgment proceedings: enforcement, modification, contempt actions, and appeals. The firm’s long institutional presence in the Wayne and Oakland County courts is particularly valuable in matters that unfold over years.
Custody and parenting time are covered on their own page: Custody & Parenting Time.
The divorce process asks the parties to divide two things simultaneously: assets that can be valued, and a family that cannot. The legal work is often the smaller half.
Yes. Under MCL 552.6, the only ground for divorce is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. Neither spouse has to prove the other was at fault. Fault, however, can still be considered when the court divides property and decides spousal support.
Michigan has a minimum waiting period: 60 days from filing when there are no minor children, and six months when there are minor children, though the court may shorten the six-month period in cases of unusual hardship. Uncontested cases often finish shortly after the waiting period ends. Contested cases involving custody, a business, or significant assets usually take considerably longer.
Under MCL 552.9, one spouse must have lived in Michigan for at least 180 days immediately before filing, and one spouse must have lived in the county where the case is filed for at least 10 days. Limited exceptions apply in certain cases involving children at risk of being taken out of the country.
Michigan divides the marital estate equitably, which means fairly, not necessarily equally. Courts weigh factors such as the length of the marriage, each spouse’s contributions, age, health, earning ability, needs, and in some cases fault. Separate property, such as an inheritance kept apart from marital assets, generally stays with its owner, though there are exceptions.
Michigan has no fixed formula for spousal support. The court considers factors including the length of the marriage, each party’s ability to work and to pay, their needs, health, and standard of living during the marriage, and the conduct of the parties. Support can be temporary or long-term, and the judgment should state whether it may later be modified.
Yes. Because Michigan is a no-fault state, one spouse cannot prevent a divorce by refusing to agree. If the other spouse is served and does not respond, the case can proceed by default. A spouse who disagrees about the terms can contest how property, support, and custody are decided.
These answers are general information about Michigan and federal law, not legal advice about your situation. Contacting the firm does not create an attorney-client relationship.
The firm handles new matters on a consultative basis. Call the office, or send us a message through our contact form.