Michigan Family Law Blog

New Michigan Case: Remarriage is Good Cause to Consider Modifying Parenting Time In any divorce case involving children, custody and parenting time must be determined in some form or other.  There are two types of custody, legal custody and physical custody.   Physical custody is the type of cust...

Custody decisions are some of the most difficult decisions family court judges make during a family court case. The overriding consideration when determining custody should be the child's best interest. Therefore, in making this decision, a judge may want to hear the child's preferences and conce...

Q: Can punishment methods impact child custody? There are many factors that might drive a couple to consider getting divorced in Michigan. Infidelity, financial stresses, and different parenting styles are just a few possible reasons couples may ultimately untie the knot. Regardless of why a coup...

Property division can be a fiercely litigated issue in a Michigan divorce proceeding. Michigan divorce laws require that marital property is divided equitably between the parties. Equitably does not always mean equal, but it also does not include non-marital property. Non-marital property is not ...

Alimony is also known in Michigan as spousal support.  There are two basic different types of alimony.  Alimony in gross is more like a property settlement where one spouse gives the other spouse more of the property rather than paying support to the other spouse.  Typically this type of alimony ...

Many couples are choosing to enter prenuptial agreements for a variety of reasons. Some couples want to protect premarital property, or they have children from a prior relationship they want to protect. Other couples may want to settle issues related to a family business or family wealth. Regardl...

Divorce or separation are very emotional topics and can cause people to say any number of things which they may or may not mean.  One action often threatened is that a spouse will quit his or her job to avoid alimony, increase/decrease alimony or otherwise cause hardship to the spouse that wants ...

Very generally speaking, a divorce case starts when one spouse files what is called a "Complaint for Divorce".  Once the Complaint is filed, then the filing spouse must formally serve a copy of the Complaint on the other spouse in order to proceed with the case.  The case ends when the parties ei...

I am often contacted by a concerned parent who tells me that his or her child is saying that there is something problematic going on at the other parent's home.  The parent often asks if he or she can tell the court what the child has said in order to have the court review parenting time or custo...

A concern that many people have when facing a possible divorce is how one's mental health may affect custody or parenting time.  There are more people that suffer from depression, anxiety and other mental or emotional difficulties than many people realize.  When it comes to divorce cases, the jud...

Modifying the child custody arrangement you have with your child's other parent can be difficult. Modifications to custody orders are only permitted under certain circumstances. Even if the custody agreement was negotiated and consensual, one of the parties might need to modify the arrangement fo...

Are frozen embryos persons subject to a custody determination? Michigan divorce lawyers are tasked with helping couples and their marriages. To that end, couples must divide their assets and property and determine whether one spouse will pay alimony or spousal support to the other. If the couple ...

Parties to a divorce should attempt to at least be civil to one another in order to get through the process without causing unnecessary litigation and costs.  When the parties to a divorce have children, it is imperative that the parties to treat each other decently even when they disagree for th...

When someone is harassing, threatening, or stalking another person, a personal protective order may be required to prevent the person from taking any action that continues the threat or harassment. An order of the court can prohibit a person from encountering another person to assault, harass, mo...

If you are contemplating a divorce or going through a divorce, it can help to understand the laws and rules for dividing marital debt. Just like assets, debts are divided into marital debts and non-marital debts. However, a judge does not use this distinction as the only factor when dividing mari...

Q: Can a disagreement on vaccinations impact child custody? A skilled Michigan family law attorney understands that each family in transition has a unique family dynamic and requires a personalized approach to dissolving the marital union. Getting divorced in Michigan involves dividing the couple...

In Michigan divorce and child custody cases, in order to modify parenting time, the party seeking the modification must show good cause or a change in circumstances.  If a party is able to meet this threshold inquiry, then the a court must hold a mini-trial (known as an evidentiary hearing) focus...

Medical Marihuana, Child Custody and Parenting Time in Oakland County Michigan An issue that comes up often in divorce consultations these days is how the use of marihuana may effect child custody or parenting time.  If a person is registered and has the proper medical marihuana licenses, then th...

When a judge orders supervised or restricted parenting time, it means that the judge has determined that this type of visitation between the parent and the child is in the best interest of the child. For some reason, the judge determined that allowing you to spend time with your child without sup...

Russell Crowe's recent divorce has gained a lot of attention from the media, particularly because of the auction of his apparently vast collection of interesting movie memorabilia.  The memorabilia included the "jock strap" that Mr. Crowe wore in the movie Cinderella Man on the outside of his box...

The Detroit News reported a case on May 8, 2018 that I found interesting (and a little amusing) as a divorce lawyer in Michigan.  The News reported that a man by the name of Joseph Stroup was arrested in Canada due to outstanding child support from a 1989 Grand Rapids case.  Mr. Stroup was hiding...

One of the biggest assets that most people own is their residential property.  This is not only their home and place, it is also a large part of the nest egg.  People are often very concerned about what will happen with the marital home and how this asset is handled in a divorce case. The Marital...

Will I Have to Pay My Spouse's Attorney Fees in Divorce? When it comes to attorney fees in general, Michigan courts follow the "American Rule".  That means that each party is responsible for paying for his, her or its own fees and costs regardless of whether or not that party has less economic me...

In some cases, sharing custody of a child is in the best interest of all parties. The parents are able to be involved in their child's daily life and activities by sharing the parenting responsibilities in ways that benefit the parents and the child. However, if you share legal custody with your ...

Fault and Divorce in Michigan  When handling divorce matters, the issue of fault often comes up.  In Michigan, by law, there are many types of fault that the court may consider when dividing property or awarding alimony.  One form of fault that is unfortunately present in many divorce cases is em...