General FAQs

  • Initial consultations may be offered at no cost depending on the nature of your case. Contact our office to discuss your situation and determine the best way to get started.

  • Emily K. Catania is based in Birmingham, Michigan and serves clients throughout Oakland and Wayne Counties and surrounding communities, including Troy, Royal Oak, Bloomfield Hills, West Bloomfield, Pontiac, Waterford, Clarkston, Rochester Hills, and Novi. Virtual consultations are also available for clients across Michigan.

  • Yes. We offer both in-person and virtual consultations to accommodate your schedule and preferences.

  • Simply reach out through our contact page or call our office to schedule a consultation. The sooner you contact us, the sooner we can protect your rights.

Divorce FAQs

  • In Michigan, divorce begins by filing a Complaint for Divorce in the circuit court of the county where you or your spouse reside. Michigan is a no-fault divorce state, meaning you do not need to prove wrongdoing, only that there has been a breakdown of the marriage. Depending on whether the divorce is contested or uncontested, the process can take anywhere from a few months to over a year.

  • An uncontested divorce means both spouses have reached agreement on all major issues, including property division, custody, and support. A contested divorce means one or more issues remain in dispute and require court involvement. Even contested cases often settle before trial, but having an experienced attorney from the start is critical to protecting your position.

  • Michigan follows the principle of equitable distribution, meaning marital property is divided fairly but not necessarily equally. Courts consider factors such as the length of the marriage, each spouse's contributions and earning ability, and future financial needs. Disputes over what qualifies as marital versus separate property are common and can significantly impact the outcome.

  • Not necessarily. Many divorce cases are resolved through negotiation or mediation without going to trial. However, if an agreement cannot be reached, Emily is a seasoned litigator prepared to advocate fiercely for you in court.

  • Michigan has a mandatory waiting period of 60 days for divorces without minor children and 180 days when minor children are involved, unless the court makes an exception. Any exception is not guaranteed and depends on the specific facts and circumstances of the case. The overall timeline also depends on the complexity of the case and whether the parties can reach agreement.

  • Yes. Michigan courts may award spousal support based on factors including the length of the marriage, each spouse's income and earning potential, their standard of living during the marriage, age, health, and contributions made by each spouse. Spousal support is not automatic and must be requested.

Child Custody FAQs

  • Michigan recognizes two types of custody: legal custody (the right to make major decisions about a child's life, such as education and healthcare) and physical custody (where the child primarily lives). Both can be sole or joint. Courts increasingly favor joint arrangements when it serves the child's best interests.

  • Michigan courts base custody decisions on the "best interests of the child" standard, evaluating factors such as the emotional bond between parent and child, each parent's ability to provide stability, the child's established routine, and each parent's willingness to support the child's relationship with the other parent.

  • Yes. If there has been a significant change in circumstances — such as a parent relocating, a change in the child's needs, or concerns about safety — either party can petition the court to modify the existing custody order.

  • Violations of court-ordered custody arrangements can have serious legal consequences. If your co-parent is consistently denying your parenting time or otherwise ignoring the order, an attorney can help you take action to enforce or modify the arrangement.

Child Support FAQs

  • Child support in Michigan is determined using the Michigan Child Support Formula (MCSF). The formula takes into account both parents' net incomes, the number of overnight stays each parent has with the child, health insurance costs, and child care expenses. The goal is to ensure both parents contribute proportionally to the child's needs.

  • Yes. Either parent can request a modification if there has been a significant change in circumstances, such as a substantial change in income, job loss, or a change in the child's needs or custody arrangement.

  • Failure to pay court-ordered child support is a serious legal matter in Michigan. Enforcement mechanisms include wage garnishment, seizure of tax refunds, suspension of driver's licenses, and contempt of court proceedings. An attorney can help you pursue enforcement quickly and effectively.

  • Child support covers basic needs, but extraordinary expenses such as extracurricular activities and uncovered medical costs are typically addressed separately. Many parents agree to divide these expenses in proportion to their respective incomes.

Business Litigation & Employment Law FAQs

  • Emily handles a broad range of commercial litigation matters including contract disputes, business partner conflicts, misrepresentation claims, and general civil litigation for individuals, businesses, and startups in Oakland and Wayne Counties and throughout Michigan.

  • Yes. Emily represents both employees whose rights have been violated and employers navigating workplace claims, administrative proceedings, and employment litigation. Her experience on both sides allows her to anticipate issues and develop effective strategies for each client.

  • Common claims include wrongful termination, workplace discrimination, retaliation, hostile work environment, harassment, breach of employment contract, and wage and hour violations. If you believe your employer has violated your rights, it is important to act quickly as legal deadlines apply.

  • Document everything, save any written communications, performance reviews, or evidence related to your termination. Avoid signing any severance agreements before consulting with an attorney. Contact our office as soon as possible, since there are strict time limits for filing employment claims in Michigan.

  • Business and employment disputes are subject to strict statutes of limitations. In Michigan, the timeframe for filing an employment discrimination claim with the EEOC is typically 300 days from the date of the discriminatory act. Other claims have their own deadlines. Waiting too long can eliminate your ability to pursue a claim entirely, which is why contacting an attorney promptly is critical.

Don't Wait to Protect Your Rights

In legal matters, timing matters. The sooner you have an attorney in your corner, the better your position. Contact our office today to get started.

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