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Michigan Family Law Blog

Wednesday, June 26, 2019

Handling Debt Division in a Divorce


How is debt handled in a divorce?

If you’re considering getting divorced in North Oakland, Michigan, you might have an idea about the issues you need to work out with your soon-to-be ex-spouse, but there may be unexpected issues, too.

Even if you don’t have the added emotional burden of working out child custody, visitation, and support for your minor children, virtually all divorcing couples have to address two questions: whether one spouse will pay the other alimony and how will the couple’s stuff get divvied up?

It’s best if couples can agree on who gets what, because if they can’t agree then a judge will decide.


Read more . . .


Saturday, June 22, 2019

Should I Get a Prenuptial Contract?


As a divorce lawyer, I recommend that everyone contemplating marriage should at least consider getting a prenuptial agreement.  There are several reasons for this recommendation.  First, as part of the process the parties will have to disclose to each other their assets and debts to one another.  I have seen many cases where one party had significant debt that he or she did not reveal to the other party until after the marriage - this is obviously problematic for a good relationship.  It also requires them to discuss what their financial roles will be during the marriage; is it expected that both parties will work or will one party be a home maker, will both parties continue to work after they have a child, do both even want a child or children eventually? 

These are all questions that should be worked out before a marriage.


Read more . . .


Tuesday, June 18, 2019

Divorce and Bankruptcy - Which Should Come First?


Bankruptcy and divorce can sometimes play out simultaneously in a person’s life. Financial trouble is one of the leading causes of tension and arguments in a marriage. When a couple is contemplating both a divorce and a bankruptcy filing, which should come first?

Unfortunately, some couples may face foreclosure, repossession, wage garnishment, and debt collection lawsuits while they wait for their divorce to become final before filing for bankruptcy relief. Therefore, in some cases, a bankruptcy filing may be necessary before the divorce is final. However, filing a bankruptcy case during a divorce proceeding can create more problems or make some cases much more complicated.
Read more . . .


Saturday, June 15, 2019

What is the Difference Between Divorce and Annulment?


Both a divorce and an annulment are actions to end a marriage. However, the requirements for seeking an annulment are different from the requirements for seeking a divorce. A Michigan divorce lawyer can be extremely helpful if you do not know whether to file for divorce or request an annulment to end your marriage.

What is an Annulment?

An annulment is a legal process of canceling a marriage or voiding a marriage that was not valid. If the court grants an annulment, it is as if you were never married to that person for all legal intents and purposes.
Read more . . .


Monday, June 10, 2019

Divorce and Abandonment in Michigan


Should I Be Worried About Abandonment if I Leave the Marital Home Before I File for Divorce?

Michigan is a No-fault Divorce State 

Michigan is a no-fault divorce state, which means that a person does not have to state a reason in order to obtain a divorce.  It does not mean that fault cannot play a role in the division of property or award of alimony, but that is a topic for another blog.  Prior to 1972 (the year that Michigan enacted it's no-fault statute) if one filed for divorce, he or she had to state a reason for the divorce such as infidelity, physical abuse or abandonment.  If the person did not prove the grounds or basis for granting the divorce to the judge, the judge could deny that person a divorce.  There were some judge's who would simply not grant a divorce, particularly if the requesting party was a woman.


Read more . . .


Thursday, June 6, 2019

Can I Get Sole Legal Custody of My Children?


WHAT IS SOLE LEGAL CUSTODY IN MICHIGAN?

Generally speaking there are two types of custody in Michigan, physical custody and legal custody.  Physical custody is the traditional type of custody most people think of when talking about custody, that is with whom does the child spend the majority of the time.  Legal custody refers to joint decision making for the child about important life decisions, such as where they attend school, medical care decisions, religious upbringing and other such important considerations.  It also grants equal access to the child's school, health and other records.  In addition, in cases where there is joint legal custody, neither party may move more than two hundred (200) miles from where they resided at the time of entry of the judgment of divorce without the approval of the other parent or the court.
Read more . . .


Sunday, June 2, 2019

What Is Imputation of Income in a Michigan Divorce?


In some divorce cases it can be hard to properly determine a person's income for purposes of calculating alimony or child support.  This could be due to the manner of the person's work or where they work; such as working for the family business, being self-employed, working on a "cash" basis or seasonal employment.  It can also be due to someone quitting a job, refusing to get a job or refusing to go back to work.  The courts and the Michigan legislature have determined that they do not want an individual to avoid paying support, paying too little support or too much support because of this situation.  Therefore, the courts will impute income to a party.
Read more . . .


Wednesday, May 29, 2019

What Happens if I Want to Move Out of Michigan With My Kids?


If you are divorced and have children, you are probably aware that in most cases neither parent is allowed to move more than one hundred (100) miles from where they resided at the time of the divorce.  Unfortunately, it sometimes becomes necesarry to relocate after a divorce due to a change in employment, a new marriage or other reasons.  When that happens, if the other parent does not agree to allowing the move, then the parent seeking to move must file a motion requesting that the court enter an order allowing the move. 

The Complicated Law Behind a Relocation After Divorce 

 If a parent has sole legal custody (which is unusual), then the parent should be able to file the motion and the court should basically grant it at the first hearing.  However, if you have joint legal custody, which is the situation in most cases, then the process is very complicated and will require an evidentiary hearing which is basically a trial in front of the judge about this issue.


Read more . . .


Saturday, May 25, 2019

Seven Tips for Helping Parents Through a Custody Battle


Custody battles are some of the most heated battles in family court. Parents who cannot agree to a custody and visitation schedule can put each other and their children through a traumatic, lengthy court battle. A
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Tuesday, May 21, 2019

Top Seven Things to do Before Beginning a Divorce


If you are contemplating a divorce, there are several things you should do before you begin the divorce process. The steps below are general steps that apply in most cases. Because your case is unique, you may also want to consult with a
Read more . . .


Friday, May 17, 2019

Adoptive Mom of 7 Allegedly Abused Kids


As a North Oakland, Michigan divorce attorney, one of the most gratifying parts of practicing family law involves stepparent adoptions.

Seeing clients emerge from a divorce and find happiness again with another person is wonderful. But when that new mate wants to pursue a


Read more . . .


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