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Michigan Family Law Blog

Friday, October 18, 2019

Who Pays the Lawyer in a Divorce?


In most cases in America each litigant (person or group involved in suing or being sued in court) pays for his or her attorney fees regardless of who wins the case.  This is called the American rule when it comes to legal fees, in some other countries, the losing side often has to pay for the other side's attorney fees.  One of the problems with the American rule is that it can lead to inequities when one litigant has more money than the other and can use the threat of a law suit or can stonewall the other because of the difference in the ability to pay the fees.  To avoid this imbalance and potential inequality in a divorce case where one spouse that earns more income or has a greater income earning capacity, the Michigan Legislature has created two legal exceptions to the American rule.  Working with your 


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Tuesday, October 15, 2019

Errors Happen When You Don't Use a Lawyer in Your Divorce


Getting a divorce is difficult in many ways from the emotions to the financial strains.  One sure way to make matters worse is to attempt to navigate divorce laws and the legal process without a skilled family law attorney.  There are many technical issues, timelines and rules that must be followed in addition to having an overall knowledge of the divorce laws.  Sometimes, the court or the friend of the court makes an error and if you don't have an attorney that really knows what their doing, that error may go unnoticed and cause serious damage. A 
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Thursday, October 10, 2019

Determining Child Custody and Visitation: How to Show the Kids Belong with You


Child custody issues can be emotional and complex. Both parents may believe that it is in the best interest of the kids if the kids stay with them. If your ex-partner is disputing custody, contact a
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Saturday, September 28, 2019

What If I Think My Spouse is Hiding Money?


If a spouse is hiding money, there is often a paper trail that will show money disappearing from an account or other discrepancies like a difference between income the pay records from an employer reflect it is paying the spouse versus what the spouse is actually depositing in the account.  If you file for a divorce, a good family law attorney has several tools available to uncover this information and help recover these funds in the divorce settlement.  


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Wednesday, September 25, 2019

Is Money From Parents Included in Income for Child Support or Alimony in Michigan?


If you are considering a divorce and have children, then most likely child support will be an issue in the case and depending on the parties incomes (and other factors) alimony might be an issue as well.  The court will determine income differently than the Internal Revenue Service or the State of Michigan.  Before filing for divorce, consult a 
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Thursday, September 19, 2019

Who Gets the Bank Account in a Divorce in Michigan?


One issue that arises in almost every divorce case is the division of property, even in short-term marriages.  All property that comes to the marriage through the efforts of either party during the marriage is generally considered marital regardless of which party may have earned the income, purchased the property or how it is titled.  Separate property is generally property that the parties had before the marriage but there are many ways it can lose it's separate nature during the marriage.  Marital proeprty is generally divided equally while separate property is awarded to the party that brought the property into the marriage. 

If you or your spouse has considerable premarital assets and are concerned about whether the court will divide that property between you, working with your 


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Friday, September 13, 2019

How Can I Change Custody of My Children in Michigan?


There are two types of custody in Michigan, legal custody and physical custody.  Legal custody refers to decision making for the children such as religious upbringing, where the children attend school and immunizations.  Physical custody refers to with whom the children reside or spend more time.  Changing either type of custody in Michigan is difficult and often requires considerable litigation.

The Law Regarding Modification of Custody

The statutes or laws about changing custody are designed to minimize unwarranted and disruptive changes in children’s custody.


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Tuesday, September 10, 2019

Alimony in Gross Vs. Periodic alimony in Michigan


This blog is about alimony.  In Michigan, we call it spousal support but it is the same thing.  There are different types of alimony that one might pursue in a divorce.  A 
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Monday, September 9, 2019

Michigan Family Law Attorney - Getting a Divorce? Better Update Your Estate Plan


There are so many things to take care of when you are getting divorced. Understandably, a few things might fall through the cracks. However, updating your estate plan should not be one of the forgotten or overlooked tasks on your divorce to-do list. Working with your estate attorney and your
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Friday, September 6, 2019

Can Custody Decisions Be Affected By Where You Live?


Judges in Michigan decide custody cases based on what is in the best interest of the child. The Michigan Child Custody Act of 1970 sets forth 12 factors for judges to use as they determine what is in the child’s best interest. The factors cover a wide range of issues related to child custody. If a parent believes that the best interest of his or her child is in jeopardy if the child remains with the other parent or custody is shared with the other parent, the parent should discuss legal options for fighting for full custody with a
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Tuesday, September 3, 2019

How Your Michigan Divorce Case Can Affect Your Taxes Right Now and Moving Forward


Divorce affects almost every area of your life, including your tax obligations. For some couples who have maintained virtually separate financial lives during their marriage, a divorce may not have a significant impact on their taxes. However, for the average couple who combines their finances when they get married, a divorce could have several significant tax consequences. Before changing anything, consult a
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