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Michigan Family Law Blog

Thursday, March 26, 2020

Interstate Parenting Time Under the March 23, 2020 Stay Home, Stay Safe Order: Should I Put My Child On A Plane?


The Corona Virus has caused an enormous amount of disruption with all aspects of life in Michigan.  This includes limited access to the legal system, however courts are still allowing attorneys to file motions and are authorized to hear motions for essential functions and as necessary to maintain daily life.  This time of year with spring break coming up, many parents have questions about whether they are required to put the kids on a plane for court ordered parenting time with a noncustodial parent that lives in another state or whether they should do so to return the child to a custodial parent in another state after parenting time here in Michigan.

Today I was on a zoom conference with a panel of judges, friend of the court referees and family law attorneys discussing this very issue.  Unfortunately this situation is new for everyone involved but there did appear to be a consensus.
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Monday, March 16, 2020

What Is the Process for Legal Separation in Michigan?


In some cases, a couple may want to separate before filing for divorce. They may want to work on their marriage through marriage counseling or couples therapy. However, there could be legal implications in seeking a legal separation. It is wise to consult experienced


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Thursday, March 12, 2020

Five Frequently Asked Questions About QDROs


One of the complicated aspects of many divorces is the divisions of property and assets. Retirement accounts can be particularly difficult to divide because of the tax liabilities and penalties for early distributions. Our


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Monday, March 9, 2020

Should I File for Bankruptcy Before a Divorce?


Divorce is a common reason for filing for bankruptcy relief. In some cases, both spouses may need assistance from the bankruptcy court to overcome the financial stress caused by a divorce. In other cases, one spouse may need to file a bankruptcy case because of the divorce. In either case, it is wise to consult with experienced


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Wednesday, February 19, 2020

Can I Lose Custody of My Child If They Refuse to See My Ex?


There could be many reasons your child may resist visitation with his or her other parent. As children grow older, they may prefer to socialize with their peers instead of visiting their other parent. Younger children may be hesitant to spend the night in another home. Children may also dislike step-parents or step-siblings. Whatever the reason might be, you should discuss your situation with a


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Sunday, February 16, 2020

Seven Tips for Co-parenting During the School Year Following a Divorce


Co-parenting can be difficult for parents who are married. However, when parents divorce, co-parenting can become more of a challenge. Children have two “homes” that might have two sets of rules. During the school year, a child can suffer if parents are not able to work together to provide stability and support. Working with an experienced Michigan child custody attorney to develop a parenting plan that provides structure and continuity for a child can be extremely beneficial for the child and the parents.


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Thursday, February 13, 2020

Mandatory Prenuptial Agreements: Good Idea?


Would you be willing to enter a prenuptial agreement before marriage? If not, you probably would be against a law requiring couples to enter a prenuptial agreement. Three years ago, the idea was raised in Australia. Two-thirds of the respondents to a poll on


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Wednesday, February 12, 2020

5 Factors that Could Affect Your Michigan Custody Battle


Custody cases can be some of the most difficult family court cases that judges have to decide in Michigan. Both parents believe they know what is best for their child, but the court must determine what is in the best interest of the child based on several factors. The judge can consider any factors that the judge determines to be relevant to determining the best interest of the child. Therefore, it is important to work with an experienced


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Friday, February 7, 2020

In a Michigan Divorce, Who Gets The House?


The house and other real estate is considered part of the property division involved in a divorce.  If one party wants to keep the house, then typically that spouse would have to "buy-out" the other spouse's fifty (50%) percent equity or offset that equity with other property of roughly equal value.  If neither party wants the house, then it will typically be sold and the parties will share the proceeds.   The court will divide all of the property in an "equitable" manner.  Usually this means roughly equal but that is not always true, sometimes the court will divide the property in a manner that awards one person slightly more of the property.


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Monday, February 3, 2020

Fighting for Grandparent Visitation Time in Michigan


Q: Do grandparents have a right to visitation time with grandkids?

Grandparents: all the fun spoiling without the hard, parental stuff. Grandparenting has been called the reward for surviving your own kid’s teenage years.

The bond between grandparents and their grandchildren is strong and special in most cases. At the end of one visit, both are already missing each other and looking forward to being together again. In today’s economic climate, many grandparents babysit their grandchildren while their own children are working.


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Wednesday, January 29, 2020

Were You Blindsided By Your Spouse Filing For Divorce?


Q: My Spouse Filed For Divorce and I Was Completely Blind-sided.  What Do I Do?

I am sure that it feels like your world is coming apart right now and that everything that matters to you is falling apart.  Call your friends and family to talk about it.  Take deep breaths and concentrate on your breathing when you feel completely overwhelmed.  Consider consulting with a counselor, psychiatrist or social worker.


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