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Michigan Family Law Blog

Wednesday, February 24, 2021

Should I Tell My Divorce Lawyer Everything?


When you walk into a lawyer’s office to get a divorce, you most likely dread having to tell the lawyer about things that do not portray you in a flattering light. By the time the divorce is over, you might feel stripped bare of your privacy if your spouse reveals highly personal information about you and the marital relationship. One of the many questions you have at this time might be, “Should I tell my divorce lawyer everything?”

The answer is yes, you should tell your attorney all the relevant facts, but no, you should not make statements that put your lawyer in the position of having to disclose things like threats to harm or kill your spouse or commit some other crime. A


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Wednesday, February 17, 2021

What Happens If You Fire Your Divorce Attorney


The slow process of contested divorce cases in Michigan increases tensions among divorcing parties and often creates angst between clients and their attorneys.

The high stress of divorce places people on a roller coaster of emotions, and involved parties may strongly question or disagree about strategy, timeline, efficacy, and expense. It’s not uncommon for an attorney-client relationship to fall apart during divorce proceedings.

If you find yourself repeatedly questioning any of these factors with your


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Wednesday, February 10, 2021

When Going Through a Divorce, Who Gets the House?


Michigan law allows you to agree with your spouse about the division of assets. A judge must approve of your proposed property distribution. If you cannot agree on who will get specific assets, like the home, a judge will have to make the decision for you after evaluating multiple factors. A


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Thursday, February 4, 2021

How Are 401Ks Handled in a Divorce?


What happens to a person’s 401(k) account when going through a divorce can determine whether they will have enough money when they retire one day. You need to make sure that you do not have to give your spouse more than his or her fair share of your account, and that you get everything that you deserve from their account. A


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Thursday, January 28, 2021

What If I Can't Pay My Alimony (Spousal Support) in Michigan?


In Michigan, alimony is also known as spousal support.  Typically alimony is modifiable based upon a change in circumstances unless the divorcing parties have agreed in the judgment of divorce that it is not modifiable.  The matter of Anderson v Anderson, Michigan Court of Appeals Case No 349616, December 17, 2020 is an interesting example of a how the court will handle a request to modify (increase or decrease the amount or terms) alimony.

 A 


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Friday, January 22, 2021

Understanding Relocation and Custody Issues in Michigan


Many people do not realize the impact that divorce can have on their ability to move if they have minor children. Michigan law usually requires you to get the approval of a judge, whether you have joint custody or sole (primary) custody, to move with a minor child who is the subject of a custody order. A


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Monday, January 11, 2021

School and Custody or Parenting Time With Covid-19 in Michigan


Custody and parenting time are always modifiable in Michigan, even after a divorce, until the children reach the age of eighteen (18).  While it is unfortunate, there are sometimes reasons that one parent may not be able to continue to handle parenting time as ordered in the Judgment or the custody should change.  In those cases, the parent seeking to change or modify the situation has the burden to prove that the current arrangement are no longer in the best interests of the child or children.

The Importance of School and Attendance in Custody and Parenting Time Matters

Regardless of whether school is remote, due to Covid-19, hybrid or in-person, it is of the utmost importance to make sure that the kids are getting to school on time and attending classes.  Failure to attend classes on-time during one parent's scheduled parenting time is a red-flag to any family law judge or referee.


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Monday, January 4, 2021

How COVID Is Affecting Michigan Divorces


Navigating a divorce is difficult under the best circumstances; it is an extremely taxing life event, emotionally, physically, and financially. Seeking wise counsel, establishing a strong support system, and taking extreme self-care are critical to managing the stress of divorce. Fast forward to the new era of COVID-19. How do you manage divorce under the additional, unprecedented weight of this global pandemic?



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Monday, December 21, 2020

Child Custody: Joint vs. Sole. Physical vs. Legal


Divorce is a complicated process, especially when trying to navigate child custody concerns. Michigan divorce attorneys find that most parenting questions during divorce arise from confusion surrounding custodial rights, specifically joint vs.


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Thursday, December 10, 2020

What Michigan Dads Need to Know About Child Custody


Michigan law requires courts making decisions about child custody to put the child’s well-being first, over the wishes of the parents. Judges accomplish this goal by using the “best interests of the child” standard. Before a court can enter an order of custody or visitation, it must make a finding that the terms of the proposed order are in the best interests of the child.

Judges have to evaluate multiple factors to determine the best interests of the child. Also, the courts must start from a neutral position as to gender; in other words, the judge cannot automatically assume that one parent will be a better choice for primary custody based only on gender.


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Tuesday, December 1, 2020

How Do You Get a Prenuptial Agreement?


Getting a prenuptial agreement that will stand up in court is a multi-step process in Michigan. These agreements, also called antenuptial agreements, control what will happen to the assets of the two people who are about to get married if the marriage terminates by divorce, separation, or annulment, or when one of the spouses dies.

A prenuptial agreement is a contract, so it requires the same elements as any other contract, like agreeing to the terms, having signatures, and an absence of things like duress. In addition, Michigan law sets out requirements unique to prenuptial agreements. A


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