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Michigan Family Law Blog

Tuesday, August 27, 2019

How Long Does the Divorce Process Take?


For some couples, it could take much longer to get a divorce than it did to plan the wedding and get married. Many factors impact the timeline for the divorce process in Michigan. Working with a
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Friday, August 23, 2019

What Is a No-Fault Divorce?


No-fault refers to whether a “ground” is required to obtain a divorce. Each state enacts laws that define the requirements for obtaining a divorce in that state. It is important to understand the divorce laws before proceeding to protect your best interests during the entire divorce process. A Michigan divorce attorney can help you by explaining Michigan divorce laws, including no-fault divorces.

What are the Grounds for Divorce in Michigan?

Michigan is a no-fault divorce state.
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Wednesday, August 7, 2019

How Do Retirement Funds or Pensions Get Split in a Divorce?


When a person gets divorced in Michigan there are often many issues that may include alimony, child custody, parenting time and child support but almost every case requires a division of property and debt.  When dividing property; the court will first determine whether the property is marital or separate.  Marital property will be subject to a roughly equal division, while separate property will remain the sole property of the spouse that owns the separate property.  Classification of property can be confusing. A 
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Monday, August 5, 2019

The Impact of Parental Divorce on the Children’s Future Marriages


Q: Do children of divorce get divorced more often than children of intact marriages?


Couples considering getting divorced in North Oakland, Michigan or elsewhere understand that the divorce will be difficult on their minor children and likely expect initial transition difficulties. The disruption in their kids’ normal routine and going from one household to two – especially if it impacts their current school and social activities— could have a significant long-term negative impact.


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Wednesday, July 31, 2019

Grandparents’ Rights in Michigan


Q: Can grandparents get visitation rights or be granted custody?

If you’re considering getting divorced in Michigan, and you have minor children, working out the physical and legal custody of the children can become contentious. At stake is not only how much physical time the child will live with each parent but also the degree of legal custody each parent will have.


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Monday, July 29, 2019

Domestic Violence and Divorce - How You Can Protect Yourself


Leaving an abusive relationship can be one of the best decisions you can make. However, you need to protect yourself before, during, and after the divorce from domestic violence. Telling an abusive spouse that you want a divorce could make the situation more dangerous. A
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Thursday, July 25, 2019

Contested vs. Uncontested Divorce - What You Need to Know


Michigan is considered a no-fault state for divorce matters. In no-fault states, parties can obtain a divorce without proving grounds or “fault.” For instance, in some states, you must prove one or more grounds for the divorce, such as adultery, abuse, or abandonment. In Michigan, you only need to state that you want to end the marriage to obtain a divorce.

Even though Michigan does not require grounds for a divorce, that does not mean that all divorces are uncontested.
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Saturday, July 20, 2019

Post-Judgment Issues in Divorce and Family Law


There are many issues that may come up after a divorce is finalized, these are called post-judgment issues by family law attorneys in Michigan.  When a post-judgment issue comes up, the most important thing to do is contact a divorce lawyer immediately to address the issues.  Judgments are not self-executing, that means that if one party does not do what he or she is supposed to do according to the orders of the court, no-one is going to make that person do it unless you take the matter back to court.

Common Post-Judgment Issues

There are several common post-judgment issues that may arise.  Custody, parenting time and child support are the most common because all of those may be changed after the divorce until the children reach age eighteen or, with respect to child support, nineteen and one-half if the child is still attending high school with a reasonable expectation of graduation.


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Tuesday, July 16, 2019

Pets and Divorce in Michigan


There are many issues that can come up in any divorce case.  One issue that is sometimes overlooked, is what to do about the family pets?  There can be a very strong emotional bond between the divorcing couple and their dogs or cats.  If there are children, some couples try to keep the pets in the same home where the children spend most of the time.  In some cases, one person may be moving to a new residence where he or she may not be able to have a pet and this resolves the issue, but what happens when each of the divorcing partners wants to keep the pet or pets?

In Michigan, pets, and all animals are treated as chattel or property, so unlike child custody, visitation or support, the pet's best interests will not be taken into account.  Technically, the pets could be divided along with the other property the parties must divide in the divorce or separation.


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Friday, July 12, 2019

A Short Blog About Vehicle Expense Deductions and Divorce


In some divorce cases, the court has to go through the parties finances with a fine-tooth comb in order to sort-out what is the appropriate income to use for calculating alimony or child support.  In the recently decided case of Eubanks v Hendrix, Michigan Court of Appeals No. 344102, May 23, 2019; the appellate court found that the referee and the court in that case did not quite get far enough into the nitty-gritty of the parties finances.

While some items and expenses may be allowed as deductions for tax purposes, the same deductions are not always allowed when determining a person's income for alimony or child support.  In the Eubanks case, the mother questioned how the court calculated the father's income, particularly the deduction for his vehicle.
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Monday, July 8, 2019

How is a Parent's Income Determined for Child Support in Michigan?


Child support is determined by a formula.  Base child support takes both parties incomes and the number of overnights each parent has with the child or children and plugs those numbers into a formula.  The formula then determines the base child support that one parent will pay to the other.  The formula will also calculate a health insurance adjustment, an out of pocket health care expense adjustment and a child care adjustment until a August after a child's twelfth birthday. 

This is relatively straight forward if each parent is a "W-2" employee, someone who is paid a standard monthly amount by a regular employer (not a family business or self-owned business) each month without receiving perks like the free use of a vehicle.


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