Practice Areas
Divorces, Domestic Mediation, Child Custody and more
Divorces
Deciding to get a divorce is a tough decision. It’s common to have many emotions attached to your decision that cause stress and anxiety. The legal process is much smoother with experienced legal counsel by your side, guiding you every step of the way. You deserve the peace of mind that your high asset divorces are being carefully handled while you deal with your emotions and re-structuring your family and finances. Your emotions are natural and part of the process of divorce, but they are usually not helpful to finding prompt resolution.
Where does The Tuke Firm service High Asset Divorces?
The Tuke Firm has filed and defended divorces in Oakland, Wayne, Macomb, Washtenaw, Livingston and St. Clair counties for the past 16 years. We have carefully served men and women at all phases on the divorce process. We can file it for you and will work quickly to move your case through the process, while never compromising on your bottom line.
Uncontested Divorce: When the parties generally agree on the new co-parenting arrangement, property division and debt division, we can process your divorce quickly and for an affordable flat fee.
Contested Divorce/Divorce Litigation: If your divorce involves contested issues that will require some or all of the following, we will walk you through the process with the best advice on customized strategy: discovery, motion practice (if necessary), depositions, mediation, custody investigations, business valuation, trial, etc.
But most importantly, The Tuke Firm is negotiating your high asset divorce case all along the way to get you to the finish line quicker.
Domestic Mediation Services
Ms. Tuke will use her extensive knowledge in high asset divorces, domestic mediation, experience as a child custody lawyer and family law to assist parties in reaching a resolution. Mediation sessions are cheaper than going to trial and both parties have control over the outcome.
Let’s find the Win-Win through Domestic Mediation!
Currently only mediating via Zoom
- Scheduling: Call or email for Ms. Tuke’s next available dates
- Mediator Rate: $400 per hour
- Payments Accepted: Zelle: esse@thetukefirm.com; Venmo: www.venmo.com/TukeMediations; Please use Memo: Case Name and Number, i.e. Smith, 20-345678 DM; If requested, last 4 digits of phone number 3781
- Deposit Required: 3 hour deposit ($1,200) is due within 7 days of confirmation that we are holding a mediation slot for you. This includes one hour pre-mediation prep and first 2 hours of mediation
- Who pays?:Each party to pay half unless ordered or agreed otherwise. Failure to timely pay deposit will release your date for others to book and you will need to reschedule.
- Cancellation: if you cancel at least 7 days before scheduled date, full refund. If you cancel within 7 days of scheduled date, attorney will retain one hours fee and refund rest to paying part(ies).
- Balance of Fees: If your mediation exceeds 2 hours, you will have a balance due at the end of your mediation session
Child Custody Lawyer &
Parenting Time
Child custody and visitation issues are very disruptive to your daily life and peace of mind. In cases where there are many disagreements, having a clear court order that outlines when each parent has the child(ren) and outlines methods of parent communication is key to having predictability for you and your child(ren).
Why choose The Tuke Firm as your Child Custody Lawyer?
The Tuke firm is well versed in Michigan Child Custody statutory requirements and has effectively handled everything from consent custody changes to highly contested custody litigation that spans multiple years. We have assisted clients in custody and parenting time matters who live outside of Michigan and internationally. We handle all child custody and parenting time matters with special care.
Child Support
Child support is the right of the child and is required to be paid by the non-custodial parent in most cases. In Michigan, child support is calculated by a state mandate formula that takes into consideration several factors such as each parties income, cost of health insurance, cost of child care (if applicable), other children in the home or children you are paying support for and the number of overnights with each parent. Obtaining accurate information is necessary for the formula to provide the accurate child support amount.
Child support is modifiable only upon a showing of a significant change in circumstance. In Michigan, you can only modify your child support retroactively to the date you file and serve your motion upon the other party.
The Tuke Firm has a quick turnaround time from initial consultation to motion filing. We are very experienced with filing and defending child support motions. If you need assistance with high asset divorces in Michigan, including a Child Custody Lawyer, we are here to help.
Spousal Support
There are several factors the court considers when deciding if spousal support will be awarded at all. Spousal support is not mandatory in any case and must be negotiated for, or ordered after a trial. You need a tough advocate to ensure that you are not taking a deal that is not supported by the facts. The Tuke Firm skillfully negotiates the best possible deal for your situation taking your post-divorce needs into account.
Change of Child’s School
When parents share joint legal custody, major decision making, such as changing the child’s school or school district, requires mutual agreement. If you cannot reach a mutual agreement, either party can file a motion seeking a change. The court will need to evaluate the two proposed school choices in comparison with each other and assess the best fit for the child(ren).
The Tuke Firm has prepared and won many cases where the sole issue was which school the child(ren) should attend. Trust our experience in crafting winning arguments for your proposed school.
Show Cause/Enforcement Hearings
Having a court order is of no use if it is not being honored by the other party. If the provisions related to property, business, funds, debts, parenting time, tax exemptions, etc. in your Judgment or Order are not occurring as ordered, you can seek enforcement by the Judge. You can properly request sanctions for non-compliance, up to and including civil contempt, the party in non-compliance paying your attorney fees and/or time in jail. The court speaks through its orders and you are entitled to enforcement of the benefit of your bargain.
Drafting and Enforcing Orders: The Tuke Firm drafts customized agreements, orders and judgments including safe guard language in the event of default. We have extensive experience in seeking and obtaining enforcement and sanctions against the violating party. Enforcement motions are effective at curbing future violations.
Defending Motion: Were you or someone you know served with an Order to Show Cause requiring appearance at court or bench warrant? These notices are scary to many people and they are typically afraid to attend the hearing without counsel to help negotiate a deal that avoids jail time. The Tuke Firm can provide that safeguard of legal protection at your show cause hearing by understanding the various ways to cure the bench and by providing zealous advocacy at the hearing.
Modification of Orders
Matters related to children—custody, parenting time and child support—are always modifiable upon a showing of a significant change in circumstances.
Agreements related to property and money are often not modifiable once you divorce. However, by consent, you can have a modified court order entered.
By Motion: Before you invest in filing the motion it is imperative that you understand the legal basis to succeed in front of a Referee or Judge. The Tuke Firm can give you experienced feedback on how your facts compare to what the law requires and the ideals of your particular judge to give you measured feedback on potential success. We will be brutally honest with you about your probability of success. Once we establish that you have a solid basis to request the modification, we will prepare an organized presentation of your proposal, based in the law, to present to the court.
By Consent: Modifying an Order with the consent of both parties is typically a simple process of re-drafting your new agreement in the proper form and both parties signing off. The Tuke Firm can provide a flat fee for modifications of orders by consent.
Entry of Qualified Orders
When parties divorce and one or both spouses are awarded a share in the other spouse’s retirement account(s), i.e. 401(k), 403 (b), annuity, pension, a special order, separate from the Judgment of Divorce, must be entered AFTER the divorce to effectuate the provisions of the Judgment. This order is called a Qualified Domestic Relations Order (QDRO pronounced quadro).
Failure to do so shortly after you are divorced has the potential to cause serious issues later when the spouse retires, unbeknownst to you, or dies. Many companies that do QDRO preparation require attorneys to be involved to ensure the QDRO is entered with the court and is received by the plan. For a flat fee, The Tuke Firm can handle all of your QDRO entry needs.
Establishment of Paternity
You can request a DNA Test to biologically confirm paternity through a court approved DNA Testing company.
The Tuke Firm can assist a father through the testing process, the custody and parenting time phase and ensure child support is correctly calculated under the child support formula. Legal representation for a father in these cases is extremely helpful in managing the DNA Testing, interim motion(s), custody evaluations, mediation, income discovery and entry of a final order with clear parenting time provisions for Dad to enjoy uninterrupted time with his child(ren).
Property Division
There are different categories of property in divorce. Marital property is generally assets purchased or accrued during the marriage. How property is categorized can be black and white and in other cases there are arguments for/against one party calling a particular asset marital as opposed to separate. The Tuke Firm has over a decade of experience negotiating creative property settlements using the client’s best facts.
Business Valuations
Some divorcing couples share a business together or one party is running a business. Often time one party is in the dark about what the marital estate is really worth. Businesses are a special kind of asset that needs experience handling to ensure that the asset is correctly accounted for in the settlement or at trial.
The Tuke Firm works with experts in business valuation to properly account for business interests.
Income Discovery
Is the other parties’ income relevant to your case? Accurate income information is necessary to properly calculate support. Discovering the other side’s income and asset holdings can be very useful in preparing for hearings and trials. Obtaining information directly from the other party’s employer can cut through suddenly hazy testimony and underreporting of income. The Tuke Firm regularly utilizes discovery to better serve our clients with domestic mediation or high asset divorces in court.
