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Michigan Family Law Attorneys Who Treat You as a Partner—Not a File Number

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    Divorce, custody disputes, and family transitions are unfamiliar territory—even for accomplished, sophisticated people. At Boroja, Bernier & Associates, we don’t just “handle your case.” We explain the theory behind every strategy, leverage your knowledge of your own circumstances, and guide you from uncertainty to informed decision-making. Because you deserve better than attorneys who keep you in the dark.

    Serving Macomb County, Oakland County, Wayne County, Southeast Michigan, Central Michigan & Mid-Michigan

    Meet Joel Bernier, Family Law Partner

    Family Law for People Who’ve Never Needed a Lawyer—And Refuse to Be Treated Like They Don’t Matter

    You’re accomplished. Capable. You’ve navigated complex challenges in your career and personal life with confidence and competence.

    But this is different.

    Divorce, custody disputes, and family restructuring involve a legal system you’ve never encountered, terminology you’ve never heard, and decisions that will shape your family’s future for years—sometimes decades—to come. You’re smart enough to know what you don’t know. And you’re discerning enough to recognize that not all attorneys are created equal.

    Here’s what you’ve probably already discovered: most law firms treat family law clients like transactions. You call, you get transferred to an intake coordinator. You sign paperwork, you get assigned to whoever’s available. You ask questions, you get vague answers—or worse, you get billed for asking. Filings happen without your input. Strategy decisions get made without your understanding. You’re told to “trust the process” while feeling completely out of control.

    That’s not how we operate. Not even close.

    At Boroja, Bernier & Associates, we built our family law practice around a different conviction: you deserve better.

    Better than attorneys who treat you like a file number. Better than vague timelines and unreturned calls. Better than “good enough” work on matters that will define your family’s future. Better than being kept in the dark about your own case.

    Excellence is contagious, mediocrity is too. That principle drives everything we do—and it’s why our approach to family law looks nothing like what you’ll find at most firms.

    The Partner You Actually Need

    Our family law practice is led by Joel Bernier, whose path to law was anything but conventional. Joel earned a Bachelor of Arts in Music from Wayne State University and a Master’s in Music Industry from the University of Miami before discovering his calling in the courtroom.

    That unconventional background produced something most attorneys lack: the discipline of mastery.

    Musicians who excel don’t have downtime—if they do, they practice. Joel logged thousands of hours of focused, disciplined preparation before law school. Scales. Exercises. Repetition until excellence became automatic. That work ethic didn’t disappear when he picked up a law degree. It transferred directly into his legal practice: thorough preparation on every case, no shortcuts ever, ready for whatever complexity walks through the door.

    But here’s what really sets Joel apart: he treats clients as equals in the process.

    You won’t be kept in the dark about strategy. You’ll understand the theory and goals behind every approach we take. You’ll know not just what we’re doing, but why we’re doing it. Every filing gets reviewed and approved by you before submission—no surprises, no decisions made without your input, no “trust us” without explanation.

    Nobody knows the facts of your life better than you. A good attorney leverages that knowledge. A great attorney treats you as a genuine partner in building your case. That’s the standard we set—and reset—with every client.

    Quotable Expert Statement: “In our experience serving families throughout Macomb, Oakland, and Wayne Counties, the clients who achieve the best outcomes aren’t the ones with the most aggressive attorneys—they’re the ones who understand their situation, participate meaningfully in strategy, and make informed decisions. That’s why we treat every client as a partner, not a passenger. You deserve to understand what’s happening in your own case.”

    This Isn’t Your Typical Family Law Firm. Here’s Why That Matters.

    We could tell you we “fight for our clients” and “protect families.” Every law firm says that. Instead, let us show you what actually makes our approach different—and why it produces better results.

    You’re a Partner, Not a Bystander

    Most family law clients feel like passengers in their own case. Information trickles down when attorneys feel like sharing it. Decisions get made in conference rooms they never enter. Filings appear on court dockets they didn’t know about.

    We reject that model entirely.

    At Boroja, Bernier & Associates, nothing gets filed without your review and approval. We explain the theory and goals behind every strategy—not because you asked, but because you have a right to understand your own case. Your knowledge of your own facts and circumstances shapes how we approach every aspect of your matter.

    This isn’t hand-holding. It’s partnership. And it produces better outcomes because two informed minds working together are better than one attorney working in isolation.

    You don’t hire us to take over your life. You hire us to help you navigate unfamiliar territory with clarity and confidence. There’s a difference.

    Preparation That Reflects Discipline, Not Shortcuts

    Effort is expected—results are required.

    We don’t measure success by hours logged or motions filed. We measure it by outcomes delivered. That means every case receives the preparation it actually needs, not the preparation that’s convenient.

    Joel’s background in music instilled something that can’t be taught: the understanding that mastery requires relentless, focused practice. No shortcuts. No “good enough.” No cutting corners because nobody will notice. That discipline shows up in how we prepare your case—thorough research, anticipating opposing arguments, building strategy that accounts for what could go wrong, not just what we hope goes right.

    Excellence is contagious, mediocrity is too. You’ll see the difference in how prepared we are at every stage of your case.

    Courtroom-Tested When Settlement Isn’t Possible

    Most family law matters settle. Negotiated resolutions often serve clients better than courtroom battles—less expensive, less time-consuming, less emotionally draining.

    But some cases require a fight. And when yours does, you need counsel who’s been there before.

    Joel Bernier built his early career in criminal defense, where the stakes couldn’t be higher and courtroom performance determines outcomes. He’s won jury trials. He’s cross-examined hostile witnesses. He’s argued before judges who’ve heard every argument before and only respond to preparation and presence.

    That experience translates directly to family law litigation. While we’ll always pursue reasonable settlement when it serves your interests, you’ll never have to wonder whether your attorney can actually perform if trial becomes necessary.

    Collaborative Expertise: Two Partners, One Client

    Here’s something most family law firms can’t offer: access to estate planning and financial expertise when your case demands it.

    Complex divorces often involve complicated asset situations—retirement accounts, business interests, real estate portfolios, investment holdings, trusts, and assets accumulated over decades. Some clients discover during divorce that they don’t fully understand their own financial picture because their spouse handled the finances throughout the marriage.

    When clients want a different perspective on assets and property division, founding partner Daniel Boroja—whose practice focuses on estate planning, probate, and elder law—is available to collaborate. Daniel brings deep expertise in asset structures, trust implications, and long-term financial planning that most family law attorneys simply don’t have.

    This isn’t standard. Most firms silo their practice areas. But collective success means leveraging every resource available to serve your interests. If having an estate planning perspective on your asset division would strengthen your case or give you greater clarity, that expertise is available. Not every client needs it—but the clients who do get access to something genuinely rare.

    We win together. That’s not a slogan. It’s how we practice.

    Accountability That Builds Trust

    You’ll always know where your case stands. Always.

    We make clear, realistic commitments and we meet them. When challenges arise—and they do in family law—we surface them early and take corrective action. No surprises at the end. No excuses instead of solutions. No finding out about problems when it’s too late to fix them.

    Trust is built on accountability. Your family’s future depends on it. We take that seriously.

    The Relationship Doesn’t End When the Case Does

    We maintain ongoing relationships with clients because the goal is genuine understanding and partnership, not just case resolution.

    Family law matters don’t always stay resolved. Circumstances change. Children’s needs evolve. Support situations shift. When questions arise months or years later, you’ll have counsel who knows your history, understands your circumstances, and can provide guidance without starting from scratch.

    Most firms close your file and move on. We stay available. That’s what partnership actually means.

    Divorce in Michigan

    Divorce: Navigating the End of a Marriage With Clarity and Control

    Every divorce is different. The couple married for three years with minimal assets faces different challenges than the couple married for thirty years with retirement accounts, business interests, real estate holdings, and adult children with their own concerns. The divorce where both parties want resolution looks nothing like the divorce where one party is determined to fight about everything.

    We handle all of it. What matters isn’t the category—it’s the approach.

    Michigan is a no-fault divorce state under MCL 552.6, meaning you don’t need to prove wrongdoing—only that the marriage has broken down. The process involves mandatory waiting periods (60 days without minor children, 180 days with minor children under MCL 552.9f), and can proceed as either contested or uncontested depending on whether you and your spouse can agree on the key issues: property division, custody, support, and debt allocation.

    What Divorce Costs in Michigan

    We believe you deserve actual numbers, not “it depends”:

    • Uncontested, no children: $4,000–$6,000
    • Flat-fee uncontested divorces: $5,000–$7,000
    • Uncontested with children: $5,000–$9,000
    • Contested, moderate complexity: $10,000–$20,000
    • Contested with custody disputes: $15,000–$30,000+
    • High-asset or business valuation cases: $25,000–$75,000+

    These ranges reflect what Michigan families actually pay. Anyone telling you “it depends” without providing numbers isn’t being helpful—they’re being evasive.

    We prepare every contested case as if it’s going to trial—because that preparation produces better outcomes whether you settle or litigate. Courts and opposing counsel can tell the difference between attorneys who are ready and attorneys who are bluffing. We don’t bluff.

    For uncontested divorces, the priority shifts to execution: documenting your agreement properly, ensuring nothing gets overlooked, and moving through the court process without unnecessary delay or expense.

    Our Divorce Pillar Page provides comprehensive coverage of the Michigan divorce process—grounds, residency requirements, contested vs. uncontested paths, the complete timeline from filing to judgment, detailed cost breakdowns, and how we approach divorce differently.

    Service Area: We represent clients in divorce proceedings throughout Macomb County, Oakland County, Wayne County, Southeast Michigan, Central Michigan, and Mid-Michigan, with offices in Shelby Township, Troy, Ann Arbor, and Lansing.

    Ready to understand your options?

    Child Custody & Parenting Time

    Child Custody: Protecting Your Relationship With Your Children

    No aspect of family law carries more emotional weight than decisions involving your children. And no aspect requires more careful preparation—because Michigan courts don’t make custody decisions based on which parent wants custody more. They analyze specific factors defined by statute.

    Understanding those factors, how courts apply them, and how to present your case effectively isn’t optional. It’s essential. And it’s where thorough preparation makes the difference between outcomes you can live with and outcomes you’ll regret.

    Legal Custody vs. Physical Custody: Understanding the Distinction

    These terms get confused constantly. They’re not the same thing.

    Legal custody determines who makes major decisions about your child’s life—education, healthcare, religious upbringing, extracurricular activities. Joint legal custody means both parents participate in these decisions. Sole legal custody means one parent decides.

    Physical custody determines where your child lives and when. Primary physical custody means the child lives primarily with one parent. Joint physical custody means the child spends substantial time with both parents.

    Courts analyze these separately. You might have joint legal custody but primary physical custody to one parent. You might have joint physical custody but sole legal custody to one parent. The combinations vary based on what serves each child’s best interests.

    We make sure you understand exactly what you’re asking for—and exactly what you’re agreeing to.

    The Best Interest Factors: What Michigan Courts Actually Consider

    Michigan courts evaluate custody under twelve specific “best interest” factors defined in MCL 722.23. No single factor controls. Courts weigh all of them based on your family’s specific circumstances:

    1. The love, affection, and emotional ties between parent and child
    2. Each parent’s capacity to give love, affection, and guidance—and to continue educating and raising the child in religion or creed
    3. Each parent’s capacity to provide food, clothing, medical care, and other material needs
    4. Length of time the child has lived in a stable, satisfactory environment
    5. The permanence of the existing or proposed custodial home
    6. The moral fitness of the parties
    7. The mental and physical health of the parties
    8. The child’s home, school, and community record
    9. The reasonable preference of the child (if old enough to express preference)
    10. Each parent’s willingness to facilitate a close relationship between the child and the other parent
    11. Domestic violence considerations
    12. Any other factor considered relevant by the court

    Quotable Expert Statement: “Parents often ask what courts ‘usually’ decide in custody cases. The honest answer: Michigan courts analyze twelve specific factors for each family’s unique circumstances. Under MCL 722.23, there’s no formula—which is exactly why thorough preparation and clear presentation of the facts matter enormously. The parent who understands these factors and presents compelling evidence on each one positions themselves for better outcomes.”

    Parenting Time: Protecting Your Relationship

    Even when one parent has primary physical custody, the other typically receives parenting time—what used to be called “visitation.” Michigan law presumes that parenting time with both parents serves the child’s best interests unless evidence suggests otherwise.

    Parenting time arrangements vary widely: every other weekend, midweek overnights, alternating holidays, extended summer periods, arrangements that account for parents’ work schedules and children’s school and activity schedules.

    We help negotiate—or litigate—parenting time arrangements that protect your relationship with your children while accounting for practical realities. And we make sure agreements address the situations that cause conflict: transportation responsibilities, communication protocols, handling of schedule changes, and what happens when circumstances shift.

    Relocation: When a Parent Wants to Move

    When a custodial parent wants to relocate with a child—whether across the state or across the country—Michigan law imposes specific requirements. You can’t simply move and figure it out later.

    Under MCL 722.31, a parent with custody must seek court approval before relocating more than 100 miles from the child’s current residence (with certain exceptions). Courts consider factors including why the move is proposed, the impact on parenting time, and whether modification of the custody order is warranted.

    Whether you’re the parent seeking to relocate or the parent opposing relocation, this area requires careful navigation. The stakes—maintaining your relationship with your child—couldn’t be higher.

    Service Area: We handle custody matters throughout Macomb County, Oakland County, Wayne County, Southeast Michigan, Central Michigan, and Mid-Michigan.

    Questions about custody or parenting time?

    Child Support

    Child Support: Understanding the Formula and What Drives It

    Michigan uses the Michigan Child Support Formula—a complex calculation incorporating both parents’ incomes, number of overnights with each parent, childcare costs, healthcare costs, and other factors. The formula provides guidelines, but courts can deviate when circumstances warrant.

    2025 Formula Updates

    The formula guidelines were updated in 2025 with two significant changes Michigan parents should know about:

    • Ordinary medical expense threshold reduced to $200 (down from $454). This means the threshold at which medical expenses become shared between parents is now significantly lower—more medical costs will be allocated between parents rather than absorbed by the custodial parent alone.
    • Childcare support extended to age 13 (up from age 12). Parents with children in childcare now have an additional year of formula-based childcare cost sharing.

    These changes affect both new support calculations and modifications of existing orders. If you have an existing child support order calculated under the old guidelines, these updates may warrant a review.

    What Drives Your Support Number

    The formula isn’t arbitrary, but the inputs matter. How income is characterized (especially for self-employed parents), how overnights are calculated, and how expenses are documented all affect the final number. We make sure your support calculation reflects accurate information—because support orders often remain in place until children turn 18 or beyond.

    Service Area: We handle child support matters throughout Macomb County, Oakland County, Wayne County, Southeast Michigan, Central Michigan, and Mid-Michigan.

    Questions about child support?

    Property Division

    Property Division: Protecting What You’ve Built

    Michigan follows “equitable distribution” for property division in divorce. Equitable means fair—not necessarily equal. Courts have significant discretion in determining what’s fair based on your specific circumstances.

    For accomplished clients, property division often involves genuine complexity: retirement accounts subject to division orders, business interests requiring valuation, real estate holdings with appreciation to consider, investment portfolios accumulated over decades, stock options, deferred compensation, and assets that don’t fit neatly into categories.

    Some clients arrive knowing exactly what they own. Others discover during divorce that they don’t fully understand the family’s financial picture—particularly when one spouse controlled the finances throughout the marriage.

    Either way, you need counsel who understands both the legal framework and the financial complexity. And you need a clear-eyed view of what equitable division actually looks like for your situation.

    Marital Property vs. Separate Property

    Generally, assets acquired during the marriage are marital property subject to division. Assets owned before marriage, or received as inheritance or gift during marriage, may be separate property not subject to division.

    But the lines blur quickly. Separate property that gets commingled with marital assets may lose its separate character. The appreciation on separate property during the marriage may be marital. Contributions during the marriage that increase the value of separate property complicate the analysis.

    We help you understand what’s actually at stake—what’s clearly marital, what’s clearly separate, and what falls into contested territory where preparation and presentation matter.

    Complex Asset Situations

    Business valuations require expert analysis. Professional practices—medical, legal, accounting—present unique valuation challenges. Retirement accounts require Qualified Domestic Relations Orders (QDROs) for proper division. Stock options and deferred compensation involve timing considerations. Real estate with appreciated value raises questions about basis and tax implications.

    We work with financial experts when necessary to ensure accurate valuations and proper division. And when clients want additional perspective on complex assets—particularly clients concerned about long-term financial implications—founding partner Daniel Boroja’s estate planning expertise is available to provide a different lens on asset structures and future planning.

    That collaborative approach isn’t standard in family law. But protecting what you’ve built sometimes requires more than standard.

    “Michigan’s equitable distribution doesn’t mean equal—it means what a judge considers fair. In our experience, what surprises clients most is how much discretion courts actually have. Two families with identical assets can receive very different divisions based on marriage length, each spouse’s contributions, earning capacity, and future needs. That discretion is exactly why how you present your case matters as much as the underlying facts. The families who protect the most are the ones whose attorneys understand both the legal framework and the financial complexity.”

    When You Don’t Know What You Own

    Some clients enter divorce without a clear picture of marital assets because their spouse managed the finances. They know there are retirement accounts but not the balances. They know about investments but not the details. They signed tax returns without reviewing the underlying documents.

    The discovery process exists for exactly this situation. We help you gain complete clarity on the marital estate—what exists, where it’s held, what it’s worth—so you can make informed decisions about division. No one should negotiate property division without understanding what’s being divided.

    Concerned about protecting your assets?

    Spousal Support

    Spousal Support: Understanding What’s Realistic

    Spousal support—sometimes called alimony—may be awarded when one spouse needs financial assistance and the other has the ability to pay. Unlike child support, Michigan has no formula for calculating spousal support. Courts consider multiple factors and exercise broad discretion.

    That discretion means outcomes vary significantly based on how cases are presented. It also means realistic expectations matter—both for spouses who may receive support and spouses who may pay it.

    Factors Michigan Courts Consider

    Courts evaluate spousal support based on factors including:

    • Length of the marriage
    • Each party’s age, health, and current earnings
    • Each party’s ability to work and earning capacity
    • The standard of living established during the marriage
    • How property was divided in the divorce
    • Whether one spouse contributed to the other’s education or career advancement
    • Each party’s needs and obligations

    Longer marriages with significant income disparity between spouses are more likely to result in support awards. Shorter marriages where both parties are employable typically produce different outcomes. But there’s no formula—which is why presentation and preparation matter.

    Critical Tax Note

    For divorces finalized after December 31, 2018, alimony is no longer tax-deductible for the payer and not taxable to the recipient. This was a significant change from prior law and fundamentally altered the financial calculus of spousal support negotiations. If you’re negotiating support in a current divorce, the after-tax impact is the actual impact—there’s no tax benefit to offset the payment for either party.

    Types of Spousal Support

    Temporary support may be awarded during divorce proceedings to maintain the status quo while the divorce is pending.

    Rehabilitative support helps a spouse become self-supporting—covering expenses while obtaining education, training, or re-entering the workforce after years away.

    Permanent support typically arises in longer marriages where significant income disparity exists and one spouse’s earning capacity is unlikely to change substantially.

    We help you understand what type of support is realistic for your situation, whether you’re seeking support or anticipating that you may be required to pay it. False expectations—in either direction—don’t serve anyone.

    Modification

    Spousal support orders can sometimes be modified if circumstances change significantly—job loss, retirement, serious health issues, or the recipient spouse’s remarriage or cohabitation. If you have an existing support order and circumstances have genuinely changed, we can evaluate whether modification may be appropriate.

    Questions about spousal support?

    Modifications & Enforcement

    When Circumstances Change: Modifications & Enforcement

    Family law orders aren’t carved in stone. Life changes—new jobs, relocations, remarriage, changes in children’s needs, shifts in financial circumstances—and Michigan law provides mechanisms to modify orders when genuine changes warrant.

    But courts value stability. The threshold for modification is intentionally meaningful. You can’t modify custody because you’ve changed your mind. You can’t reduce support because you’d prefer to pay less.

    We help you understand whether your changed circumstances actually support modification—and we pursue enforcement when the other party isn’t honoring court orders.

    Modification of Custody & Parenting Time

    To modify custody, you must generally demonstrate “proper cause” or a “change of circumstances” and prove that modification serves the child’s best interests. Courts apply this threshold seriously because children benefit from stability.

    Genuine changes that may support modification include: a parent’s relocation, significant changes in a child’s needs, a parent’s inability to care for the child, or circumstances that make the current arrangement harmful to the child.

    Changes that typically don’t support modification: one parent simply wanting more time, disagreements about parenting styles, or minor scheduling conflicts.

    We evaluate your situation honestly. If modification is warranted, we’ll pursue it aggressively. If it’s not, we’ll tell you that too—before you waste time and money on a petition that won’t succeed.

    Modification of Support

    Child support modifications typically involve significant changes in income, employment, or parenting time. Michigan uses a formula for child support calculations, and substantial changes in the inputs—income, overnights, childcare costs—may warrant recalculation. The 2025 formula updates (reduced medical threshold, extended childcare age) may also affect whether your existing order should be reviewed.

    Spousal support modifications may involve job loss, retirement, health changes, or the recipient’s remarriage or cohabitation. Courts consider whether the change was voluntary (quitting a job to reduce support obligations won’t work) and whether it’s genuinely substantial.

    Enforcement

    When the other party violates court orders—failing to pay support, denying parenting time, ignoring custody arrangements—enforcement actions may be necessary. Michigan courts take order violations seriously.

    Remedies may include:

    • Contempt of court proceedings
    • Wage garnishment for unpaid support
    • Modification of custody or parenting time
    • Attorney fee awards
    • In serious cases, jail time

    We don’t let court orders become meaningless paper. If you have a valid order and the other party isn’t complying, we pursue enforcement aggressively.

    Need to modify or enforce an existing order?

    Prenuptial & Postnuptial Agreements

    Protecting Your Future: Prenuptial & Postnuptial Agreements

    Discussing asset protection before or during marriage isn’t unromantic—it’s responsible. For accomplished individuals with significant assets, business interests, or prior marriages with children to consider, prenuptial and postnuptial agreements provide clarity and protection for both parties.

    These agreements aren’t about planning for failure. They’re about making intentional decisions about financial arrangements rather than leaving everything to default legal rules you may not even know exist.

    Prenuptial Agreements

    Executed before marriage, prenuptial agreements can address property division, spousal support, debt allocation, and other financial matters in the event of divorce or death.

    For business owners, prenuptial agreements can protect business interests from division. For professionals with significant earning potential or retirement accounts, they provide predictability. For individuals entering second marriages with children from prior relationships, they clarify how assets will be treated to protect children’s inheritance expectations.

    A well-drafted prenuptial agreement benefits both parties by creating transparency and shared expectations before marriage.

    Postnuptial Agreements

    Similar to prenuptial agreements, but executed after marriage. Postnuptial agreements may be appropriate when:

    • Circumstances change significantly during marriage (inheritance, business growth, career changes)
    • Couples want to formalize financial arrangements they’ve informally followed
    • Prior discussions about finances have created uncertainty that formal agreement can resolve
    • One spouse is taking on significant debt or financial risk

    Enforceability Requirements

    For these agreements to be enforceable in Michigan, both parties need independent legal advice (not the same attorney), full financial disclosure, and the agreement must be fair and voluntary. Agreements signed under pressure, without adequate disclosure, or with provisions that are unconscionable may not be enforced.

    We help you create agreements that protect your interests while meeting Michigan’s requirements for enforceability. An unenforceable agreement is worse than no agreement at all.

    Planning for the future?

    Paternity

    Establishing Paternity in Michigan

    For unmarried parents, establishing legal paternity is the foundation for everything else—custody rights, parenting time, and child support obligations. Without legal paternity, fathers have no automatic rights to custody or parenting time, and mothers cannot obtain child support orders.

    How Paternity is Established

    In Michigan, paternity can be established voluntarily through an Affidavit of Parentage—typically signed at the hospital when a child is born, though it can be signed later. Both parents must sign, and once filed, it has the same legal effect as a court order establishing paternity.

    When paternity is disputed or one party won’t sign an affidavit, court proceedings become necessary. Either parent can file a paternity action, and genetic testing can resolve biological questions definitively.

    Why Establishing Paternity Matters

    For children, established paternity provides access to both parents, inheritance rights, and eligibility for benefits through both parents (health insurance, Social Security, veterans’ benefits if applicable).

    For fathers, it’s the legal prerequisite to custody and parenting time rights. Without established paternity, fathers have no standing to seek custody or enforce parenting time.

    For mothers, it enables child support enforcement. Without established paternity, there’s no legal basis for a support order.

    Contested Paternity

    If paternity is disputed, genetic testing resolves the question with near-absolute certainty. We guide clients through paternity proceedings—whether you’re seeking to establish paternity, responding to a paternity action, or contesting paternity based on genetic testing.

    Questions about paternity?

    Guardianship of Minors

    Guardianship of Minor Children: When Parents Cannot Provide Care

    Sometimes circumstances require someone other than a parent to assume legal responsibility for a child. Grandparents stepping in when parents struggle with addiction. Aunts and uncles providing stability during family crisis. Family friends offering care when no relatives are available.

    Guardianship provides legal authority to care for a child when parents cannot—without terminating parental rights entirely.

    When Guardianship May Be Appropriate

    Michigan courts may appoint a guardian for a minor when parents are unable to care for the child due to:

    • Serious illness or incapacity
    • Incarceration
    • Substance abuse
    • Abandonment
    • Military deployment
    • Other circumstances that make the child’s welfare uncertain

    Guardianship provides the appointed guardian with legal authority to make decisions about the child’s care, education, medical treatment, and daily life.

    What Minor Guardianship Costs

    Minor guardianship matters typically range from $4,000 to $6,000, depending on whether the guardianship is contested. When parents consent, the process moves more quickly and costs less. Contested guardianships involving disputes over who should serve—or whether guardianship is necessary at all—require more extensive court proceedings.

    The Guardianship Process

    Guardianship requires court approval. The petitioner must demonstrate that guardianship serves the child’s best interests and that the proposed guardian is suitable. Parents may consent to guardianship, or the court may appoint a guardian over parental objection if circumstances warrant.

    We guide families through the petition process, court requirements, and the guardian’s ongoing responsibilities and reporting obligations.

    Guardianship vs. Adoption

    Guardianship doesn’t terminate parental rights. Parents may petition to regain custody if their circumstances improve. Guardianship ends when the child turns 18, when the court terminates it, or when circumstances change.

    Adoption permanently transfers parental rights. Birth parents’ rights are terminated, and the adoptive parents become the child’s legal parents in every respect.

    Which option serves your family depends on your specific circumstances and long-term goals. We help you understand both paths.

    Note: Guardianship and conservatorship for incapacitated adults is handled through our Elder Law practice.

    Learn about adult guardianship and conservatorship

    Considering guardianship for a minor?

    What to Expect: Our Family Law Process

    We don’t just tell you we’re different—we show you from the first conversation.

    Step 1: Initial Consultation

    We discuss your situation, your goals, and your concerns in detail. You’ll leave with a clear understanding of your legal options, realistic expectations for timeline and process, and confidence about next steps.

    This isn’t a sales pitch. If we’re not the right fit for your situation, we’ll tell you. If your expectations aren’t realistic, we’ll tell you that too. Accountability builds trust, and that starts before you ever retain us.

    Step 2: Case Strategy & Planning

    Once retained, we develop comprehensive strategy tailored to your circumstances. But here’s where we’re different: we explain the theory behind our approach. You’ll understand not just what we’re doing, but why we’re doing it.

    You’re smart. You have insights into your own situation that no attorney can replicate. We leverage your knowledge rather than ignoring it.

    Step 3: Preparation & Documentation

    We prepare all necessary filings with the thoroughness your case deserves. Every filing gets reviewed by you before submission. You’ll understand what’s being filed, why it matters, and what response to expect.

    No surprises. No filings you didn’t approve. No strategy shifts without your understanding and agreement.

    Step 4: Negotiation or Litigation

    Most family law matters resolve through negotiation—and when settlement serves your interests, we pursue it efficiently. We don’t manufacture conflict to generate fees.

    But when litigation is necessary, we’re prepared. Thoroughly prepared. The preparation we do on every case means we’re ready to litigate when negotiation fails.

    Step 5: Resolution & Beyond

    We ensure all orders and agreements are properly documented and executed. We explain your ongoing rights and obligations so you understand what the resolution actually means for your life.

    And we remain available. The relationship doesn’t end when the case does. When questions arise months or years later, you have counsel who knows your history.

    Frequently Asked Questions: Michigan Family Law

    Costs depend on the type and complexity of your matter. Uncontested divorces without children typically run $4,000–$6,000. Contested divorces with custody disputes can range from $15,000–$30,000+. Minor guardianship matters typically fall between $4,000–$6,000. At Boroja, Bernier & Associates, we provide realistic fee estimates during your initial consultation—no vague “it depends” answers. Call (586) 991-7611 to schedule.

    Michigan requires a minimum waiting period: 60 days for divorces without minor children, 180 days for divorces with minor children (though courts can reduce this to 60 days in some circumstances). The actual timeline depends on complexity and whether issues are contested. Uncontested divorces may finalize shortly after the waiting period. Contested divorces with custody disputes or complex assets often take significantly longer—sometimes a year or more.

    Michigan follows equitable distribution—fair division based on factors including marriage length, each spouse’s contributions, earning capacity, and future needs. Equitable doesn’t mean equal. Courts have significant discretion, which is why how you present your case matters.

    Courts evaluate twelve “best interest” factors under MCL 722.23, including emotional ties between parent and child, each parent’s capacity to provide care, home stability, community ties, and each parent’s willingness to facilitate a relationship with the other parent. No single factor determines the outcome—courts weigh all factors based on your specific circumstances.

    You can technically file without one, but we don’t recommend it. Mistakes in documentation create problems years later. Property and support agreements have long-term financial implications that deserve careful attention. The cost of proper legal guidance is modest compared to the cost of fixing errors after the fact.

    Michigan uses the Michigan Child Support Formula, which considers both parents’ incomes, parenting time overnights, childcare costs, healthcare costs, and other factors. The formula was updated in 2025 with two notable changes: the ordinary medical expense threshold was reduced to $200 (from $454) and childcare support was extended to age 13 (from age 12). The formula provides guidelines, but courts can deviate when circumstances warrant.

    No. For divorces finalized after December 31, 2018, alimony is no longer tax-deductible for the payer and not taxable to the recipient. This change under the Tax Cuts and Jobs Act significantly affects how spousal support is negotiated in current divorces.

    Custody modifications require “proper cause” or “change of circumstances” plus proof that modification serves the child’s best interests. Support modifications require significant changes in circumstances. Courts value stability, so the threshold is meaningful—but genuine changes can warrant modification.

    Boroja, Bernier & Associates represents clients throughout Macomb County (Shelby Township, Sterling Heights, Clinton Township, Warren), Oakland County (Troy, Rochester Hills, Royal Oak, Southfield), Wayne County (Detroit, Livonia, Dearborn, Westland), Southeast Michigan, Central Michigan (Ingham County, Eaton County), and Mid-Michigan (Genesee County, Lapeer County). Our headquarters is in Shelby Township, with additional offices in Troy, Ann Arbor, and Lansing. Virtual consultations are available.

    We treat clients as partners, not file numbers. You’ll understand the strategy behind every decision. You’ll review and approve filings before submission. Your knowledge of your own circumstances will shape how we approach your case. We also offer something rare: when complex asset situations warrant it, our estate planning partner can provide additional perspective on property division and long-term financial implications. That collaborative approach isn’t standard—but neither are we.

    Ready to Partner with Counsel Who Treats You Like You Matter?

    Family law matters are unfamiliar territory—even for accomplished, capable people who’ve succeeded at everything else. You deserve an attorney who recognizes that, who explains the strategy behind every decision, and who helps you move from uncertainty to informed action.

    You deserve better than attorneys who keep you in the dark. Better than vague timelines and unreturned calls. Better than “good enough” work on matters that will shape your family’s future.

    Schedule a consultation with Joel Bernier and experience what it means to work with a firm that raises the standard—because excellence is contagious, mediocrity is too.

    Learn About Our Other Practice Areas

    Office Hours: Monday – Thursday: 9:00 AM – 5:00 PM | Friday: 9:00 AM – 3:00 PM | Saturday & Sunday: By Appointment

    Service Area Statement: Boroja, Bernier & Associates serves family law clients throughout Macomb County (Sterling Heights, Clinton Township, Warren, Shelby Township), Oakland County (Troy, Rochester Hills, Royal Oak, Southfield), Wayne County (Detroit, Livonia, Dearborn, Westland), Southeast Michigan, Central Michigan (Ingham County, Eaton County), and Mid-Michigan (Genesee County, Lapeer County). Headquarters in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing. Virtual consultations available throughout our service area.