Michigan Family Law Blog

In many divorce cases, both spouses agree that the marriage is broken, but they may argue about the details of the divorce. However, there are cases in which one spouse is taken by surprise by a divorce action. Some spouses may want to reconcile; therefore, they may ignore the divorce papers. In...

Holidays can be difficult for parents and children when parents are no longer married or together. Children may feel torn between his or her parents. Parents may feel bitter and abandoned. The ideal solution is for parents to work out an arrangement that allows everyone to spend the holidays toge...

Will A Divorce Court Enforce A Marital Contract (aka) A Contract To Pay Money To Get Someone To Marry You? A traditional component of some Islamic marriages is a "mahr".  The mahr is a payment of cash money (or a contract to pay money) to a prospective bride in order for her family and her to agr...

How Could The Divorce Court Fail to Consider A Change Of Custody In This Case? The issue of custody is one of the most difficult that a court must handle in divorce cases.  The initial decision to grant custody to one parent, the other parent or to both parents is based upon the child's "best int...

Terminating Alimony In Michigan Can Be Difficult (But Not Impossible) Many people seem to believe that alimony (aka spousal support) is no longer awarded in divorce cases.  This is wrong, alimony is alive and well and can be granted in any case where there is an income disparity.  There are very ...

How can I ensure I won't have to pay alimony in a divorce? The late, great Elvis Presley once sung of a place at the end of Lonely Street called Heartbreak Hotel. And a while she might not feel so lonely she could die, his only child, Lisa Marie Presley, is reportedly going through a difficult di...

One of the commonly litigated issues in a divorce is the separation of property between the spouses. Michigan follows the equitable distribution theory for dividing property in a divorce. Equitable distribution means “fair” not “equal.” Therefore, when parties cannot agree to a property division ...

Mediation can often produce a more satisfactory agreement during a divorce proceeding than allowing a judge who does not know your family to make decisions for you. However, mediation may not work for every couple. There are certain cases and situations in which mediation may not be productive or...

Property division can be a fiercely litigated issue in a Michigan divorce case. A spouse may disagree about several issues related to property division, including what constitutes marital property. An inheritance may be the cause of litigation when non-inheriting spouse asserts that the inheritan...

What Should I Do If I Am Served With Divorce Papers? Court rules allow several ways for one spouse to serve the other spouse with divorce papers.  First, the spouse may mail the paperwork, however this does not count as valid service unless it is done through certified mail, receipt restricted to...

What Are "Grounds For Divorce" In Michigan? Michigan is a "no-fault" divorce state.  This means there is only one ground for divorce in this state based upon the family law statutes.  The legal ground for divorce in Michigan is stated specifically as follows "there has been a breakdown of the mar...

What Happens to Debt In A Divorce? The division of marital debt is included in the property division of the judgment of divorce.  In general, debts are treated as negative assets in valuing an overall property award and courts typically allocate them according to the same equitable principles tha...

Will A Court Consider Income From Growing Medical Marijuana In A Divorce? The Michigan Court of Appeals recently considered this issue in the matter of  Beauchamp v Beauchamp (Unpublished Opinion, October 23, 2018).  In that case, the husband originally ran a drywall business when the parties mar...

Who gets the dog-- or other pets--in a divorce? If you're considering getting divorced in Michigan, you can expect to work through many issues as you separate one household into two separate ones-- though how many will be determined based on your particular circumstances. One issue all couples h...

Can A Man Get Alimony In Michigan? Alimony is alive and well in Michigan, however we refer to it as "spousal support" technically, although the terms are interchangeable.  The award of support is determined on a case-by-case basis.  The statutes states that the purpose of support is to balance th...

“It is the most wonderful time of year . . .” However, it is also one of the most stressful times of the year. The holidays bring joy, laughter, and delight. Unfortunately, for many individuals, the holidays also bring a great deal of stress as they attempt to balance work, home, and family. When...

What Should I Do IF My Ex Is Not Following Court Orders? Court orders or judgments in divorce and custody cases are not self-enforcing.  In most cases, neither the court or the friend of the court will follow-up with the parties after the orders are entered.  The exception is child support, the f...

What Happens To Student Loans In A Divorce? Almost every divorce case requires dividing some form of debt between the spouses.  There are secured debts, like a mortgage or vehicle loan where the loan is secured by some property that the lender can repossess.  Then there are unsecured debts such a...

Should I File For Divorce Before The End Of The Year? Most of the time it really does not make much difference whether one files for divorce before the end of the year.  If one wants to wait until the holidays are over until dealing with a potential divorce, typically that will not effect the out...

What Happens To Property I Purchase When Separated From My Spouse If We Get Divorced? When a couple gets divorced in Michigan, the parties will have to divide their property or the court will order the division of the property.  The first step is to determine whether the property is marital or se...

How Does Property Get Divided In A Divorce? While some cases may involve children and others alimony, virtually every divorce case involves dividing property or debt.  In Michigan, the court is supposed to consider several factors such as the length of the marriage, the needs of the parties, need...

Should I Get Dental Work or Medical Work Done Before I File For Divorce? In Michigan when a couple gets divorced part of the resolution will be division of assets and debts.  Different types of debts will be treated differently.   Secured debts (debts secured by property, for instance a car loan ...

Should I Have Repairs Done On The Home Before Filing For Divorce? In Michigan divorce cases division of property is basically a two-step process.  The first step is to determine whether the property in question is martial or separate property.  Marital property is generally all property that is e...

What Is Guardian Ad Litem (GAL) In A Divorce or Custody Case? In Michigan, the entry of a judgment of divorce is final with regards to property division, division of debt and in some instances alimony.  Custody, parenting time (visitation) and child support are always modifiable as well as alimon...

Will the Court Consider Non-overnight Parenting Time When Calculating Child Support? Typically in Michigan the court will only consider overnight parenting time when calculating child support.  This is because the Michigan Child Support Formula considers only the following specific factors: the i...