Michigan Family Law Blog

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 The Michigan Court of Appeals recently considered this issue in the matter of  Beauchamp v Beauchamp (Unpublished Opinion, October 23, 2018).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...

What Should I Do If My Spouse Claims They Don't Really Own Something (When I Know They Do)? In Michigan, when a divorce court divides property, it first must determine whether the property is marital property, which should be divided equally between the spouses (hereinafter referred to as "the pa...

Is There a Statute of Limitations to Collect Alimony or Child Support? An action to enforce or collect child support or alimony is considered a civil action to enforce a court order.  There is a ten-year statutory period of limitations.  The ten-year period starts form the date that the last supp...

Individuals file bankruptcy for a variety of reasons, such as medical debts, business failure, loss of a spouse, and divorce. Divorce is one of the reasons that many people need to seek the assistance of the bankruptcy court for debt relief.  However, if you anticipate that you may need to file b...

Divorce laws in some states recognize what is referred to as a legal separation.  A legal separation in those states defines a situation in which the parties are living separate and apart. A court order dictates the duties and rights of the couple while they are living apart. In states in which a...

Q: Would having someone kill my ex-spouse get me full custody of the kids? It's a loaded question, but apparently one that needs to be answered for some people. Getting a divorce can be highly confrontational and emotional for some people and result in them exercising poor judgment that may land ...

Can the Court Suspend Parenting Time or Visitation Without Ordering Future Review Hearings? In Michigan, when parents divorce or separate, the court must determine custody and parenting time (parenting time is the legal term for child visitation in this state).  The parties may agree upon custody...

Is It OK For a Parent to Schedule Counseling For A Child Without The Other Parent? Counseling for children whose parents are divorcing or have recently divorced can be a very good idea.  However, the choice of the counselor and scheduling of the counseling must be planned out and agreed upon by b...

Will a Divorce Court Order Gradual Increases in Parenting Time?  Custody is typically the primary concern for parents faced with the prospect of divorce or separation.  However in Michigan, the term "custody" as lost some of its meaning because of the ascension of "parenting time" as a replacemen...

Custody and parenting time are generally guided by what are called the statutory "best interest factors"  There are two types of custody, legal custody - ability to make decisions on behalf of the child such as religion and education, and physical custody which generally refers to with whom the c...

Visitation and parenting time are often aggressively litigated and disputed matters in a divorce. In some cases, parents believe certain child visitation myths that create unnecessary disputes between the parties. When that happens, it's a good idea to talk with an experienced visitation lawyer t...

Paying spousal support can be a painful reminder of a failed marriage. Spousal support can also be a financial burden that you would like to end. However, voluntarily quitting your job may not eliminate or reduce your spousal support payments. You could place yourself in a worse financial situati...

Can I Make My Spouse Pay My Attorney Fees In A Divorce? Typically, when parties engage in litigation, each party pays for his, her or its attorney fees regardless of winning or losing.  This is also true realistically regardless of whether the party that starts the litigation had any good grounds...