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Michigan Family Law Blog

Monday, May 7, 2018

Will I Have to Pay for My Spouse's Attorney Fees in A Divorce?


Will I Have to Pay My Spouse's Attorney Fees in Divorce?

When it comes to attorney fees in general, Michigan courts follow the "American Rule".  That means that each party is responsible for paying for his, her or its own fees and costs regardless of whether or not that party has less economic means to afford it or whether that party wins or loses.  However when it comes to family law cases (divorce, alimony, custody, property division or support) then there is a different set of rules.  In this area, the court may order one party to pay for the other party's attorney fees from his or her own income or share of the marital estate. 

There are two instances where this may occur, the first is where one party has caused the other party to incur unnecessary costs and fees, typically by filing frivolous motions or trying to conceal assets.


Read more . . .


Friday, May 4, 2018

Sharing Custody of Your Child - What You Need to Know About Michigan's 100-Mile Law


In some cases, sharing custody of a child is in the best interest of all parties. The parents are able to be involved in their child’s daily life and activities by sharing the parenting responsibilities in ways that benefit the parents and the child. However, if you share legal custody with your child’s other parent or you have sole legal custody and you wish to relocate within Michigan, there are certain rules that you must understand before you begin the relocation process. Before relocating with your child, you need to discuss the move with a Michigan family
Read more . . .


Friday, May 4, 2018

Fault and Divorce in Michigan: Part Three - Emotional and Verbal Abuse


Fault and Divorce in Michigan 

When handling divorce matters, the issue of fault often comes up.  In Michigan, by law, there are many types of fault that the court may consider when dividing property or awarding alimony.  One form of fault that is unfortunately present in many divorce cases is emotional and verbal abuse.

Emotional and Verbal Abuse

In many cases there are issues surrounding emotional or verbal abuse.  This can be a very serious form of abuse from name calling to constantly berating the other spouse as a means for control.


Read more . . .


Sunday, April 29, 2018

Fault and Divorce in Michigan Part Two - Economic Fault


Fault and Divorce in Michigan 

When handling divorce matters, the issue of fault often comes up.  In Michigan, by law, there are many types of fault that the court may consider when dividing property or awarding alimony.  The primary type of fault that most people think of when it comes to the topic of divorce is infidelity however another type of fault that often comes into play in this cases is economic fault or waste.

Economic Fault or Waste

Economic fault or waste most often involves cases where one party has gambled away significant portions of the marital funds or estate without the consent of the other party, where one party has wasted funds on drug abuse or alcoholism or one party has wasted significant funds pursuing an extramarital relationship.  There are other types of economic fault as well.


Read more . . .


Saturday, April 28, 2018

Five Common Myths About Grandparent's Rights in Michigan


It can be heartbreaking for a grandparent to lose access to his or her grandchild. Most grandchildren benefit from a close and healthy relationship with their grandparents. However, divorce, misunderstandings, or the death of a parent can often put grandparents in a situation where they must fight for their right to see their grandchild. A Michigan grandparents rights lawyer represents grandparents who are seeking visitation rights with their grandchildren.
Before contacting an attorney, let’s take a look at five things about grandparenting time that you should understand before petitioning for visitation rights.
Read more . . .


Thursday, April 26, 2018

Fault and Divorce in Michigan: Part One - Infidelity

When handling divorce matters, the issue of fault often comes up.  In Michigan, by statute, there are many types of fault that the court may consider when dividing property or awarding alimony.  The primary type of fault that most people think of when it comes to the topic of divorce is infidelity.

 


Read more . . .


Thursday, March 29, 2018

5 Things You Didn’t Know About Step-Parent Adoption in Michigan


Families in America are increasingly becoming blended families of various compositions. According to The Step Family Foundation, there are approximately 1,300 new stepfamilies formed each day in the United States and over one-half of the families in our country are re-coupled or remarried.
Read more . . .


Thursday, March 29, 2018

What is a Property Settlement Agreement?


When spouses decide to end their marriage, many issues must be addressed. For example, if the parties have children, questions related to custody, Read more . . .


Tuesday, February 27, 2018

I Can't Pay Alimony


What Happens if I Can’t Pay Alimony?

Alimony, or spousal support, is used to allow one spouse a means to maintain the lifestyle that he or she had during the marriage. When one party’s income or property cannot support him or her properly after a divorce, alimony will often be awarded. There is no specific method to determine spousal support; every case is different. Thankfully, once you establish an alimony amount, it is not set in stone. You may be able to change it if you have a change in circumstances.
Read more . . .


Tuesday, February 27, 2018

How to Enforce Child Support

How Do I Enforce Child Support Orders?

Being awarded child support is helpful, but being able to collect it is even more beneficial. When the other parent refuses to pay child support, it can have a severe detrimental impact on you and your children.
Read more . . .


Wednesday, January 31, 2018

What Does a Judge Consider Before Modifying Child Custody Orders?


Child custody orders are not written in stone in Michigan. They are living documents that the judge can change when appropriate. If you are facing the possibility of changing the parenting plan in your case, you might be wondering what a judge considers before modifying child custody orders.

The Legal Standard for Reconsidering the Existing Custody Order

Unless it is a temporary order, the judge is not allowed to consider modifying the existing child custody order unless she can identify either proper cause or a change in circumstances.
Read more . . .


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